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II  SioiTs  AoTlcultiiral  CoUep  ij 


^^^^^^ 


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BOOK    940.P384     1st    ser    v.4    c.  1 
PENNSYLVANIA    UNIVERSITY    #    T 

RANSLATIONS    AND    REPRINTS 


3    T1S3    0D21EId12    fi 


X 


.  IV.  Series  for  1897. 


Translations  and  Reprints 


FROA\  THE 


iginal  Sources  of  European  History 


PUBLISHED  BY 
THE  DEPARTMENT  OF  HISTORY 

OF  THE 
UNIVERSITY  OF  PENNSYLVANIA. 


Philadelphia,  Pa.,  1898. 
English  Agency:  P.  S.  KING  &  SON,   12-14  King  Street,  London,  S.  W. 


I.         The  Earl}'  Christian  Persecutions. 

Edited  by  Dana  Cari^eton  Munro,  A.M., 
and  Edith  Bramhali.,  A.M. 

II.         Canons  and  Creeds  of  the  First  Four  Councils. 

Edited  by  Edwin  Knox  Mitcheh,  D.D. 

III.  Documents  Illustrative  of  Feudalism. 

Edited  by  Edward  P.  Cheyney,  A.M. 

IV.  Ordeals,  Compurgation,  Excommunication  and  Interdict. 

Edited  by  Arthur  C.  Howi,and,  Ph.D. 

V.        Typical  Cahiers  of  1789. 

Edited  by  Merrick  Whitcomb,  Ph.D. 


li^Lt^ 


TABLE  OF  CONTENTS. 


III. 

28. 

III. 

10, 

IV. 

23- 

III. 

4' 

I. 

26. 

tv.  19, 

20. 

IV.  ig. 

20. 

Roman  numerals  refer  to  the  numbers ;  Arabic  numerals  to  the  pages. 


Aids :  ne  three  Feudal, 

Allodial  Holdings:  Surrender  of, 

Ambrose:  Threat  to  excommunicate  Theodosius, 

Antrustion:  Acceptance  of, 

Aurelian :  Decree  of, 

Battle:  Trial  by. 

Battle :  Wager  of, 

Bibliographical  Note  on  Canons  and  Creeds  of  First  Four 

Councils,  II.    21. 

Bibliographical  Note  on  Compurgation,  Ordeals,  Excom- 
munication, and  Interdict, 

Bibliographical  Note  on  Feudalism, 

Bibliography  of  Christian  Persecutions, 

Blois :  Cahier  of  Clergy  of, 

Blois :  Cahier  of  Nobility  of, 

Cahier  of  Clergy  of  Blois, 

Cahier  of  Nobility  of  Blois, 

Cahier  of  Third  Estate  of  Versailles, 

Canons  adopted  at  Chalcedon, 

Canons  adopted  at  Constantinople, 

Canons  adopted  at  Ephesus, 

Canons  adopted  at  Nicaea, 

Chalcedon:  Definition  of  Faith  of. 


IV. 

34' 

III. 

36. 

I. 

3^' 

V. 

2. 

V. 

8. 

V. 

2. 

V. 

8, 

V. 

24. 

II. 

21. 

II. 

12. 

II. 

^5- 

II. 

4- 

II. 

18, 

CONTENTS. 

Clement:  Account  of  Persecution  under  Nero, 

Clergy:  Cahier  of,  of  Blois, 

Coinage:  Feudal  Right  of. 

Commendation:  Anglo-Saxon  Formula  of. 

Commendation:  Frankish  Formula  of. 

Commendation :  Instances  of,  from  Domesday, 

Compurgatorial  Oath, 

Compurgation  of  Brothers  of  Adelher, 

Compurgation  of  Bishop  Norgaud, 

Compurgation  of  Queen  Fredegonda, 

Compurgation :  Reform  of,  by  Innocent  III, 

Constantinople:  Canons  of  Council  of , 

Constantinople :  Creed  of  Council  of, 

Creed  adopted  at  Nicaea, 

Cyprian:  Letter  of, 

Cyprian:  Martyrdom  of, 

Dio  Cassius :  Account  of  Persecution  under  Domitian, 

Diocletian:  Edicts  of. 

Doge  of  Venice :  Reply  to  Interdict, 

Domitian :  Persecution  under, 

Ephesus :  Canons  of, 

Eusebius :  Account  of  Persecutions  of  Third  Century, 

Excominunication  of  Animals, 

Excommunication :  Threat  of. 

Faith :  Definition  of,  at  Council  of  Chalcedon, 

Feudal  Holdings  in  England, 

Feudal  Jurisdiction, 

Feudal  Tenure :  Acknowledgement  of, 

Fief  of  Money :  Grant  of. 


I. 

5- 

V. 

2. 

HI.  34, 

35' 

III. 

3- 

III. 

3- 

III. 

5- 

IV. 

3- 

IV. 

4- 

IV. 

5- 

IV. 

4- 

IV. 

6. 

II. 

12. 

II. 

II, 

II. 

3' 

I. 

22. 

I. 

23' 

I. 

7' 

I. 

26. 

IV. 

32- 

I. 

6. 

II. 

/5- 

I. 

21. 

IV. 

26. 

IV. 

23. 

II. 

18. 

III. 

16. 

III. 

32. 

III. 

^5. 

III. 

/7. 

CONTENTS. 

Fief:  Grant  of, 

Flavian  Policy  towards  the  Christians, 

Forfeiture, 

France:  Interdict  laid  upon, 

Frederic  II:  Enactment  of  regarding  Excommunication, 

Frederic  II:  Excommunication  of, 

Freemen  and  Vassals:  Capitulary  concerning, 

Galerius :  Edict  of  Toleration  by. 

Guardianship:  Charter  of, 

Hadrian :  Rescript  of  to  Fundanus, 

Homage  and  Fealty:  Charter  of, 

Homage  and  Fealty :  Legal  Rules  for. 

Homage  and  Fealty  of  Count  of  Flanders, 

Immunity:  Grant  of,  to  a  Bishop, 

Immunity:  Grant  of,  to  a  Layman, 

Immunity:  An  Anglo-Saxon  Grant  of. 

Interdict:  Declaration  of,  for  Limoges, 

Interdict:  Declaration  of,  for  Normandy, 

Judicial  Duel:  Instance  of, 

Kiersey:  Capitulary  of, 

Lactantius:  Death  of  Decius, 

Lords  and  l^assals :  Mutual  Duties  of, 

Lothair:  Law  of,  regarding  Excommunication, 

Lyons  and  Vienne:  Persecutions  at, 

Marcus  Aurelius:  Persecution  under. 

Marriages:  Authority  of  Lords  over. 

Membership  in  the  Church:  Necessity  of, 

Mersen :  Capitulary  of, 

Milan:  Decree  of 


III. 

^5- 

I. 

6. 

III. 

36, 

II. 

29, 

IV. 

24, 

IV, 

25- 

III. 

5- 

I. 

28. 

III. 

4- 

L 

10 

III. 

18, 

III. 

20, 

Ill, 

18, 

III. 

II, 

III. 

12, 

III. 

n- 

IV. 

28, 

IV, 

29, 

IV.  ig 

,  20, 

III, 

14, 

L 

21, 

III.  25 

,24, 

IV, 

24. 

I, 

II, 

I. 

10, 

III.  24 

.25. 

IV. 

23, 

III. 

5- 

I. 

29, 

CONTENTS. 


Military  Service  of  Fassals, 

Nero:  Persecution  under, 

Niccea:  Canons  of  Council  of , 

Niccea:  Creed  of  Council  of 

Nicene  Creed, 

Nobility :  Cahier  of,  of  Blois, 

Ordeal  of  Boiling  Water:  Formula  for, 

Ordeal  of  Boiling  Water:  Instance  of. 

Ordeal  of  Cold  Water:  Description  of , 

Ordeal  of  Fire:  Instance  of 

Ordeal  of  the  Cross, 

Ordeal  of  Hot  Iron:  Regulations  for. 

Ordeal  of  Hot  Ploughshares, 

Ordeals:  Abolition  of, 

Oswald :  Letter  of,  concerning  Lands, 

Perjury :  Punishment  for, 

Pliny:  Letter  of,  to  Emperor  Trajan, 

Precaria:  Grant  of. 

Relief 

Septimius  Severus:  Persecution  under, 

Sub-infeudation, 

Suetonius:  Account  of  Persecution  under  Domitian, 

Suetonius:  Account  of  Persecution  under  Nero, 

Sulpicius  Severus:  Account  of  Persecution  under  Nero 

Tacitus:  Account  of  Persecution  under  Nero, 

Tertullian:  Account  of  Persecutions  of  Third  Century, 

Tertullian:  Description  of  the  Christian  Persecutions, 

Third  Estate:  Cahier  of  of  Versailles, 

Trajan:  Reply  to  Pliny's  Letter, 


III. 


28, 29, 

i<9. 

I. 

4- 

II. 

4- 

II. 

3^ 

II. 

3- 

V. 

8. 

IV. 

7- 

IV. 

10. 

IV. 

II. 

IV. 

14. 

IV. 

16, 

IV. 

12. 

IV. 

^3- 

IV.  16, 

18. 

III. 

8. 

II. 

6. 

I. 

8. 

III. 

6. 

III. 

27. 

I. 

20. 

III.  2L 

,  22. 

I. 

7. 

I. 

5- 

I. 

6. 

I. 

4- 

I. 

20. 

I. 

;. 

V. 

24, 

I. 

9. 

CONTENTS. 

Utrecht:  Interdict  laid  upon,  iv.  5/. 

Venice:  Interdict  laid  upon,  iv.  50. 

Versailles:  Cahier  of  Third  Estate  of,  v.  24, 

Wager  of  Battle:  Abolition  of  iv.  21. 

Wardship,  "i-  26. 


Digitized  by  the  Internet  Archive 

in  2010  with  funding  from 

Boston  Library  Consortium  IVIember  Libraries 


http://www.archive.org/details/translationsreprOOmunr 


Translations  and  Reprints 

FROM   THE 

ORIGINAL  SOURCES  OF  EUROPEAN  HISTORY. 


Vol..  IV.  The  KARI.Y  Christian  Persecutions.  No.  i. 


TABLE  OF  CONTENTS. 

PAGE 

I.        Introduction, 2 

Tertulliau's  general  statement, 2 

II.        Persecution  under  Nero. 

Account  by  Tacitus, 4 

Account  by  Suetonius, 5 

Account  by  Clement, 5 

Account  by  Sulpicius  Severus, 6 

III.  Persecution  under  Domitian. 

The  Flavian  Policy — Sulpicious  Severus, 6 

Account  by  Dio  Cassius, 7 

Account  by  Suetonius, 7 

IV.  Attitude  of  Trajan  and  Hadrian. 

Pliny's  Letter  to  Trajan, 8 

Trajan's  Reply, 9 

Hadrian's  Rescript  to  Minucius  Fundanus, 10 

V.        Persecution  under  Marcus  Aurewus. 

Martyrdoms  at  Lyons  and  Vienna, 11 

VI.  Persecutions  of  the  Third  Century. 
Persecution  under  Septimius  Severus. 

The  Rescript, 20 

Account  by  Tertullian, 20 

Account  by  Busebius, 21 

Persecution  under  Maximinus  Thrax. 

Account  by  Eusebius,      21 

Lactantius  on  the  death  of  Decius, 21 

Persecution  under  Valerian. 

Cyprian's  Letter,      22 

Martyrdom  of  Cyprian ,      ' .    .  23 

Decree  of  Aurelian, 26 

VII.  Triumph  of  Christianity. 

Edicts  of  Diocletian , 26 

Edict  of  Toleration  by  Galerus, 28 

Decree  of  Milan , 29 

VIII.  SEIvECT  Bibwography, 31 


TRANSLATIONS    AND    REPRINTS. 


I.     INTRODUCTION. 

The  tradition  of  the  ten  persecutions  of  the  Christians  is  of  no  value,  for,  if 
looked  at  in  one  way,  the  number  is  entirely  too  small,  or,  if  it  has  reference  only 
to  the  great  persecutions,  it  is  too  large.  Gibbon  suggests  that  the  ingenious 
parallels  of  the  ten  plagues  of  Egypt  and  the  ten  horns  of  the  Apocalypse  first  sug- 
gested this  calculation  to  the  ecclesiastical  writers  of  the  fifth  century,  who  deter- 
mined this  number.  According  to  this  calculation,  the  ten  persecutions  were  those 
which  occurred  under  Nero,  Domitian,  Trajan,  Marcus  Aurelius,  Septimius  Severus, 
Maxiniinus,  Decius,  Valerian,  Aurelian,  and  Diocletian  and  Galerius. 

There  was  no  general  persecution  until  after  the  decree  of  Decius  (250  A.D.). 
Before  this  all  persecutions  were  the  results  of  administrative  action,  and  conse- 
quently might  occur  at  any  time  and  at  any  place  without  affecting  the  rest  of  the 
empire.  They  depended  on  local  feeling  and  the  character  of  the  governor,  not  on 
that  of  the  emperor. 

The  Christians  were  outlaws  and  it  was  for  the  Name  that  they  were  persecuted, 
not  because  they  held  illegal  assemblies  :  they  were  members  of  a  body  essentially 
hostile  to  the  organization  of  the  state.  Nero  originated  the  policy,  when  he  seized 
upon  the  Christians  as  scapegoats  to  avert  the  suspicion  which  had  fallen  on  him 
of  having  set  fire  to  Rome  ;  and  this  he  probably  made  a  permanent,  systematic 
measure  of  administration. 

After  the  time  of  Nero,  persecutions  of  greater  or  less  intensity  and  extent 
broke  out  now  and  then  according  to  circumstances  ;  but  it  is  to  be  noted  that 
they  were  always  a  possibility.  When  consulted,  Trajan,  Hadrian  and  Marcus 
Aurelius  all  indorsed  this  policy  i'n  rescripts  to  provincial  governors  :  Christians 
were  not  to  be  sought  out,  but  were  to  be  condemned  to  death  for  the  Name  when 
an  accusation  was  brought  against  them  by  a  definite  person. 

The  extract  from  Tertullian  is  noteworthy  because  he,  in  common  with  all  the 
early  church  fathers,  insisted  that  only  bad  emperors  persecuted  ;  modern  scholars 
are  wont  to  say  that  a  good  emperor,  who  had  the  welfare  of  the  state  at  heart,  was 
almost  necessarily  a  persecutor.  Tertullian's  statement  may  have  been  biased,  to 
some  extent,  by  the  fact  that  it  was  made  in  an  apology,  which  was  intended  to  in- 
fluence official  action. 


TERTULLIAN  S  GENERAL  STATEMENT. 

Liber  Apologeticus,   ch,   5,   Opera   ed,   Oehler  (Leipsic,    1853)  vol.  I,  p.  130 
sq.      Latin. 

To  reconsider  the  origin  of  such  laws,  there  was  an  old  decree  that 
no  God  should  be  consecrated  by  the  emperor,  unless  sanctioned  by  the 
senate.  M.  Aemilius  knows  how  it  was  with  his  god,  Alburnus.  And 
this  is  an  argument  for  our  cause  that  among  you  divinity  is  allotted  at 


tertullian's  statement.  3 

the  cai)rice  of  man.  Unless  the  god  has  won  tlie  favor  of  man,  he  is 
not  a  god ;  presently  man  will  have  to  l^e  propitious  to  the  god. 

Tiberius,  therefore,  in  whose  time  the  Christian  name  was  made 
known  to  the  world,  sent  to  the  senate,  with  the  sanction  of  his  favor, 
the  information  which  he  had  received  from  Syrian  Palei^tine  which  had 
revealed  there  the  truth  concerning  the  God  himself.  The  senate,  be- 
cause it  had  not  reconniiended  the  measure,  rejected  it.  Caesar  kept 
his  purpose  and  threatened  those  who  accused  the  Christians.  Consult 
your  annals ;  there  you  will  find  that  Nero  was  the  first  to  rage  with  the 
imperial  sword  against  this  sect,  then  rising  rapidly  in  Rome.  But  we 
even  glory  in  such  an  author  of  our  condemnation.  For  anyone  who 
knows  him  cannot  but  see  that  nothing  but  what  was  pre-eminently  good 
was  condemned  by  Nero.  And  Domitian,  a  limb  of  Nero  for  cruelty, 
essayed  persecution,  but,  because  he  was  human  too,  he  soon  checked  it 
and  even  restored  those  whom  he  had  exiled.  It  is  always  such  as 
these  who  are  our  persecutors,  men  unjust,  impious  and  base ;  men  whom 
you  yourselves  are  not  only  accustomed  to  condemn,  but  vrhose  victims 
you  restore. 

From  the  whole  number  of  princes,  wise  in  affairs  divine  and  hu- 
man, point  out  anyone,  from  that  time  up  to  the  present  day,  hostile  to 
the  Christians.  But  we,  on  the  other  hand,  show  you  a  protector,  if  the 
letters  of  the  most  venerable  emperor,  M.  Aurelius,  are  examined  which 
testify  that  the  prayers  of  the  Christians,  who  happened  to  be  soldiers, 
secured  a  shower  which  put  an  end  to  that  drought  in  Germany.  As 
he  did  not  openly  free  this  class  of  men  from  the  penalty,  yet  by  another 
method  he  did  openly  make  it  of  no  avail,  for  he  added  a  condemnation 
for  the  informers,  and  that  a  more  severe  one. 

What  kind  of  laws  are  these  which  are  enforced  against  us  only 
by  the  impious,  the  unjust,  the  base,  the  savage,  the  false,  and  the  mad ; 
which  Trajan  frustrated  in  part  by  forbidding  Christians  to  be  sought 
out ;  which  no  Hadrian,  although  a  man  who  pried  into  all  novelties, 
no  Vespasian,  although  a  conqueror  of  the  Jews,  no  Pius,  no  Verus 
ever  executed  ?  It  would  certainly  be  more  readily  thought  that  the 
worst  would  be  eradicated  by  the  best,  by  their  enemies  rather  than  by 
their  friends. 


4  TRANSLATIONS    AND    REPRINTS. 

II.     PERSECUTION  UNDER  NERO. 

This  took  place  in  64  A.  D.  Tacitus'  account  is  the  best  known  and  the  most 
important.  As  a  bov,  he  may  have  witnessed  the  fire  and  the  persecution.  An 
account  of  the  fire  immediately  precedes  the  passage  here  quoted .  There  is  not, 
as  used  to  be  supposed,  any  opposition  between  his  account  and  that  given  by  Sue- 
tonius. The  latter  says  very  little  about  the  persecution,  but  it  is  interesting  to  see 
by  the  context  how  he  regarded  it. 

The  passage  from  Clement,  which  Ramsay  and  Lightfoot  date  about  97  A.  D., 
probably  refers  chiefly  to  the  Neronian  persecution.  But  Ramsay  says  :  (p.  310) 
"  Clement  is  most  naturally  understood  as  referring  to  a  continuous  persecution 
throughout  his  own  generation,  keener,  perhaps,  at  one  time  than  at  others." 

For  this  persecution  compare  Eusebius,  Book  II,  ch.  25  ;  Orosius,  Book  VII, 
ch.  7.    Juvenal,  First  Satire,  verses  155  ff.;  and  Revelations,  passim,  are  often  cited. 

Sulpicius  Severus  adds  this  bit  quoted  from  him,  after  an  account  of  the  fire  at 
Rome  and  the  subsequent  persecution  of  the  Christians  which  he  copied  fron^ 
Tacitus. 


ACCOUNT    BY    TACITUS. 

Annales  XV,  44,  ed.  H.  Furneaux,  Oxford  (1891)  vol.  Ill,  p.  526.     Latin. 

Therefore  to  check  this  rumor,  those,  who  were  called  Christians  by 
the  mob  aud  hated  for  their  moral  enormities,  were  substituted  in  his 
place  as  culprits  by  Nero  and  afflicted  with  the  most  exquisite  punish- 
ments. Christ,  from  whom  the  name  was  given,  was  put  to  death  dur- 
ing the  reign  of  Tiberius,  by  the  procurator  Pontius  Pilate.  Although 
checked  for  the  time,  this  pernicious  superstitution  broke  out  again  not 
only  in  Judea,  where  the  evil  originated,  but  throughout  the  City,  in 
which  the  atrocities  and  shame  from  all  parts  of  the  world  center  and 
flourish.  Therefore  those  who  confessed  w^ere  first  seized,  then  on  their 
information  a  great  multitude  were  convicted,  not  so  much  of  the  crime 
of  incendiarism,  as  of  hatred  of  the  human  race.  The  victims  who 
perished  also  suffered  insults,  for  some  were  covered  with  the  skins  of 
wild  beasts  and  torn  to  pieces  by  dogs,  while  others  were  fixed  to  crosses 
and  burnt  to  light  the  night  when  daylight  had  failed.  Nero  had  of- 
fered his  gardens  for  the  spectacle  and  was  giving  a  circus  show,  ming- 
ling with  the  people  in  the  dress  of  a  driver,  or  speeding  about  in  a 
chariot.  Although  they  were  criminals  who  deserved  the  most  severe 
punishment,  yet  a  feeling  of  pity  arose  since  they  were  put  to  death  not 
for  the  public  good  but  to  satisfy  the  rage  of  an  individual. 


PERSECUTION    UNDER    NERO.  5 

ACCOUNT    BY    SUETONIUS. 

Vita  Neronis  XVI,  ed.  Carl  Roth,  Leipsic,  (1S91)  p.  176  sq.      Latin. 

In  his  reigii  many  things  were  severely  censured  and  suppressed 
and  many  also  instituted  :  a  limit  was  set  to  lavish  expenditure ;  public 
dinners  were  reduced  to  doles ;  cook  shops  were  forbidden  to  sell  any 
prepared  food  except  pulse  or  herbs,  whereas  formerly  all  kinds  of  rel- 
ishes had  been  offered ;  Christians,  a  class  of  men  of  a;  new  and  vicious 
superstition,  were  subjected  to  severe  punishments;  the  quadriga  races 
were  forbidden,  because  the  charioteers  wandered  about,  and  by  long  li- 
cense, assumed  the  right  to  make  a  jest  of  cheating  and  stealing ;  the 
partisans  of  the  pantomimes  were  banished  together  with  the  actors  them- 
selves ;  to  prevent  forgery,  means  were  first  devised  by  which  no  docu- 
ment was  to  be  sealed  until  it  had  been  perforated  and  a  thread  run 
through  three  times. 


ACCOUNT    BY    CLEMENT. 

First  Epistle  to  the  Corinthians,  ch.  V,  VI,   VII.      (Patres  Apostoli,   ed.   Cot- 
elerius,  Antwerp,  1700.)     Greek. 

y.  But  to  leave  ancient  examples,  let  us  come  to  the  recent  cham- 
pions, let  us  take  the  noble  examples  furnished  by  our  own  generation. 
On  account  of  emulation  and  envy,  those  who  were  faithful  and  most 
righteous  pillars  of  the  church  have  suffered  persecution  even  unto 
death. 

Let  us  set  before  our  eyes  the  holy  Apostles.  Peter  by  unjust  envy 
endured  not  one  or  two,  but  many  sufferings ;  and  so,  made  a  martyr, 
he  departed  to  the  peace  of  glory  due  him.  On  account  of  envy  Paul 
obtained  the  reward  of  patience,  after  he  had  been  seven  times  in  bonds, 
and  had  been  whipped  and  stoned.  He  preached  in  the  East  and  in 
the  West  and  received  the  glorious  reward  of  his  faith.  He  taught  the 
whole  world  righteousness,  and  coming  to  the  extreme  West  he  suffered 
martyrdom  under  the  governors,  so  that  he  departed  from  the  world  and 
WTnt  to  his  holy  place,  a  great  example  of  patience. 

VI.  Unto  these  men  of  holy  lives  were  joined  a  vast  multitude  of 
the  elect,  who  suffering  much  disgrace  and  many  torments  on  account  of 
envy,  were  a  most  noble  example  for  us.  On  account  of  envy,  women 
w^ere  tormented  ;  Dauaides  and  Dirce,  when  they  suffered  severe  and 
unjust  punishments,  they  persevered  in  their  constant  faith,  and  though 


6  TRANSLATIONS    AND    REPRINTS. 

weak  in  body  received  a  glorious  reward.  Envy  has  alienated  women 
from  their  husbands  and  has  changed  that  saying  of  our  father  Adam: 
"This  is  now  bone  of  my  bone  and  flesh  of  my  flesh."  Envy  and  strife 
have  overturned  great  cities  and  rooted  out  great  nations. 

VII.  These  things,  beloved,  we  write  not  only  for  your  instruc- 
tion, but  also  for  your  own  remembrance ;  for  w^e  are  in  the  same  lists 
and  the  same  contest  is  imposed  upon  us 

ACCOUNT    BY    SULPICIUS    SEVERUS. 

Chron.  II.  29,  Opera  ed.  C.  Halm,  (1864).  Corp.  Script.  Ecc.  Lat.  (Vienna), 
I.  p.  88.     Latin. 

Then  he  began  to  rage  against  the  Christians.  Afterwards  he 
even  made  laws  forbidding  the  religion,  and  published  edicts,  ordering 
that  Christianity  should  not  exist.  At  this  time  Paul  and  Peter  were 
condemned ;  one  of  them  was  beheaded.     Peter  was  crucified. 

III.     PERSECUTION  UNDER  DOMITIAN. 

There  is  no  mention  of  a  persecution  during  this  reign,  until  the  middle  of  the 
second  century,  and  then  we  have  only  a  few  doubtful  passages.  Early  traditions, 
however,  strenously  affirm  that  Domitian  was  a  persecutor  and  as  Mommsen  suggests, 
these  few  cases  happen  to  have  been  recorded  by  profane  writers  because  people  of 
note  were  involved. 

The  bit  from  Sulpicius  Severus  is  probably  a  reproduction  of  a  lost  passage  of 
the  Histories  of  Tacitus,  and  indicates  the  attitude  of  the  Flavians  to  the  Christians. 
Allard  and  Ramsay  are  both  of  this  opinion. 

Dio  Cassius  wrote  in  the  second  century,  much  later  than  the  time  of  this  per- 
secution. His  works  are  preserved  only  in  the  Epitome  by  Xiphilinus.  He  did 
not  mention  Christians  by  name,  at  all.  This  passage  is  the  only  one  in  which  any 
pagan  writer  mentions  that  Domitian  punished  any  one  for  religious  reasons. 

Suetonius'  use  of  the  phrase  "contemptible  mdolence  "  has  seemed  to  some 
scholars  a  proof  that  Clemens  was  a  Christian.  See  Lightfoot  and  Ramsay  espec- 
ially. 

THE    FLAVIAN    POLICY. 

Sulpicius  Severus,  Chron.  Lib.  II,  Ch.  30,  ed.  C.  Halm  (Corp.  Script.  Ecc. 
Lat.   I.  p.  90.)    Latin. 

It  is  reported  that  Titus  previously  summoned  a  council  to  deliber- 
ate as  to  whether  a  building  of  such  wonderful  workmanship  as  the 
Temple  should  be  destroyed.     Some  thought  that  this  sacred  edifice, 


PERSECUTION    UNDER    DOMITIAN.  7 

glorious  beyond  human  construction,  ought  not  to  be  destroyed,  and 
that,  if  it  were  preserved  it  would  furnish  evidence  of  Roman  modera- 
tion, but,  if  destroyed,  it  would  be  an  everlasting  proof  of  cruelty.  On 
the  other  hand,  others,  and  even  Titus  himself,  were  of  the  opinion  that 
the  Temple  ought  to  be  destroyed,  particularly  in  order  that  the  relig- 
ions of  the  Jews  and  Christians  should  be  completely  rooted  out,  for 
granting  that  these  religions  are  opposed  to  each  other,  yet  they  were 
both  originated  by  the  same  authors.  The  Christians  sprang  from  the 
Jews:  the  root  being  destroyed,  the  branch  would  soon  perish.  ThiLs 
the  spirits  of  all  were  roused  and  by  the  will  of  God  the  Temple  was 
destroyed  three  hundred  and  thirty-one  years  ago. 


ACCOUNT    BY    DIO    CASSIUS. 

Histor,    Rom.    (excerpt,   per  Xiphilinum)   Bk.    LXVIT,   cli.    14.   ed,   Leipsic, 
1829,  Vol.  IV.  p.  97.     Greek. 

At  this  time  [95  A.  D.]  the  road  leading  from  Sinuessa  to  Puteoli 
was  paved  with  stones.  And  in  the  same  year  Domitian  put  to  death, 
besides  many  others,  his  cousin  Flavins  Clemens,  who  was  then  consul, 
and  the  wife  of  Flavins,  Flavia  Domitilla,  who  was  his  own  rela- 
tive. The  crime  charged  against  both  was  sacrilege.  On  the  same 
charge  many  othei*s  who  had  adopted  Jewish  customs  were  condemned. 
Some  were  put  to  death,  others  had  their  property  confiscated.  Domi- 
tilla was  exiled  alone  on  Pandataria.^ 


ACCOUNT    BY    SUETONIUS. 

Vita  Dom.  XV,  ed  Carl  Roth,  Leipsic  (1891)  p.  250.      Latin. 

Finally,  on  the  very  slightest  suspicion,  he  suddenly  slew,  before 
he  was  fairly  out  of  his  consulship  his  cousin,  Flavius  Clemens,  a  man 
of  most  contemptible  indolence,  whose  sons,  when  mere  children,  he  had 


^Some  scholars  translate  the  next  sentence  in  Dio  Cassius  as  follows  :  "Domi- 
tian put  to  death  Glabrio,  who  had  been  consul  with  Trajan,  accused  among  other 
things  of  the  same  crimes."  See  Allard  :  Histoire  I,  109.  In  order  to  show  how 
faulty  this  translation  is  we  give  the  Greek  :  Tdv  Se  dy  Tya^piuva  rbv  juerd  rov 
Tpaiavoi)  ap^avra  KaTrj-yop7/-&EVTa  rd  re  aA?M  Kal  oia  ol  tvoa/ioI  Kai  or/,  kgI  '&f/piocg 
e/idx£~o,  aTreKTeivev. 


8  TRANSLATIONS    AND    REPRINTS. 

publicly  designated  as  his  successors  and  had  ordered,  after  having 
dropped  their  own  names,  the  one  to  take  the  name  Vespasian,  and  the 
other,  Domitian. 


IV.     ATTITUDE  OF  TRAJAN  AND  HADRIAN. 

Until  recently  it  has  been  generally  believed  that  this  letter  from  Trajan  to 
Pliny  changed  the  legal  status  of  the  Christians.  In  spite  of  the  uniform  tradition 
of  the  early  church  that  Trajan  had  favored  them  ("the  laws  which  in  part  Trajan 
made  void,  "  Tertullian  :  Apology,  Ch.  V),  scholars  assumed  that  he  first  made  the 
Name  a  sufficient  cause  for  condemnation.  This  persecution  took  place  in  112  or  113, 

The  rescript  of  Hadrian  is  appended  to  the  first  Apology  of  Justin  Martyr, 
probably  written  140  A.  D.  Formerly  there  was  much  doubt  as  to  its  authenticity, 
but  Lightfoot,  Mommsen,  Ramsay,  and  Allard  have  added  the  weight  of  their  author- 
ity in  favor  of  its  genuineness. 


Epist.  X,  96,  97,  ed  H.  Keil,  Leipsic  (1870),  p.  307  sq.     Latin. 

It  is  my  custom,  my  lord,  to  refer  to  you  all  things  concerning 
which  I  am  in  doubt.  For  who  can  better  guide  my  indecision  or  en- 
lighten my  ignorance? 

I  have  never  taken  part  in  the  trials  of  Christians :  hence  I  do  not 
know  for  what  crime  or  to  what  extent  it  is  customary  to  punish  or  in- 
vestigate. I  have  been  in  no  little  doubt  as  to  whether  any  discrimina- 
tion is  made  for  age,  or  whether  the  treatment  of  the  weakest  does  not 
differ  from  that  of  the  stronger ;  whether  pardon  is  granted  in  case  of 
repentance,  or  whether  he  who  has  ever  been  a  Christian  gains  nothing 
by  having  ceased  to  be  one ;  whether  the  name  itself  without  the  proof 
of  crimes,  or  the  crimes,  inseparably  connected  with  the  name,  are  pun- 
ished. Meanwhile  I  have  followed  this  procedure  in  the  case  of  those 
who  have  been  brought  before  me  as  Christians.  I  asked  them  whether 
they  were  Christians  a  second  and  a  third  time  and  with  threats  of  pun- 
ishment, I  questioned  those  who  confessed,  I  ordered  those  who  were 
o])stinate  to  l)e  executed.  For  I  did  not  doubt  that,  whatever  it  was 
that  they  confessed,  their  stubborness  and  inflexible  obstinacy  ought 
certainly  to  be  punished.  There  were  others  of  similar  madness,  who 
because  they  were  Roman  citizens,  I  have  noted  for  sending  to  the  City. 
Boon,  the  crime  spreading,  as  is  usual   when  attention  is  called  to  it, 


PLINY  S    LI:TTER    to    TRAJAN.  9 

more  cases  arose.  An  anonymous  accusation,  containing  many  names, 
was  presented.  Those  who  denied  that  they  were  or  had  been  Christ- 
ians, ought,  I  thought,  to  be  dismissed  since  they  repeated  after  me  a 
prayer  to  the  gods  and  made  supplication  with  incense  and  wine  to  your 
image,  which  I  had  ordered  to  be  brought  for  the  purpose  together 
with  the  statues  of  the  gods,  and  since  besides  they  cursed  Clirist,  not 
one  of  which  things  they  say,  those  who  are  really  Christians  can  be 
compelled  to  do.  Others,  accused  by  the  inf(n'mer,  said  that  they  were 
Christians  and  afterwards  denied  it ;  in  fact,  they  had  been  but  had  ceased 
to  be,  some  many  years  ago,  some  even  twenty  years  before.  All  both 
worshipped  your  image  and  the  statues  of  the  gods,  and  cursed  Christ. 
They  continued  to  maintain  that  this  was  the  amount  of  their  fault  or 
error  that,  on  a  fixed  day,  they  were  accustomed  to  come  together  be- 
fore daylight  and  to  sing  by  turns  a  hymn  to  Christ  as  a  god,  and  that 
they  bound  themselves  by  oath,  not  for  some  crime  but  that  they  would 
not  commit  robbery,  theft,  or  adultery,  that  they  would  not  betray  a 
trust  or  deny  a  deposit  when  called  upon.  After  this  it  was  their  cus- 
tom to  disperse  and  to  come  together  again  to  partake  of  food,  of  an  or- 
dinary and  harmless  kind,  however ;  even  this  they  ceased  to  do  after 
the  publication  of  my  edict  in  which  according  to  your  command  I  had 
forbidden  associations.  Hence  I  believed  it  the  more  necessary  to  ex- 
amine two  female  slaves,  who  were  called  deaconesses,  in  order  to  find 
out  what  was  true,  and  to  do  it  by  torture.  I  found  nothing  but  a  vic- 
ious, extravagant  superstition.  Consequently  I  postponed  the  exami- 
nation and  make  haste  to  consult  you.  For  it  seemed  to  me  that  the 
subject  would  justify  consultation,  especially  on  account  of  the  number 
of  those  in  peril.  For  many  of  all  ages,  of  every  rank,  and  even  of 
both  sexes  are  and  will  be  called  into  danger.  The  infection  of  this 
superstition  has  not  only  spread  to  the  cities  but  even  to  the  villages 
and  country  districts.  It  seems  possible  to  stay  it  and  bring  about  a  re- 
form. It  is  plain  enough  that  the  temples,  which  had  been  almost  de- 
serted, have  begun  to  be  frequented  again,  that  the  sacred  rites,  which 
had  been  neglected  for  a  long  time,  have  begun  to  be  restored,  and  that 
fodder  for  victims,  for  which  till  now  there  was  scarcely  a  purchaser,  is 
sold.  From  which  one  may  readily  judge  what  a  number  of  men  can 
be  reclaimed  if  repentance  is  permitted. 

Trajan's  reply. 
You  have  followed  the  correct  procedure,  my  Secundus,  in  con- 


lO  TRANSLATIONS    AND    REPRINTS. 

ducting  the  cases  of  those  who  were  accused  before  you  as  Christians 
for  no  general  rule  can  be  laid  down  as  a  set  form.  They  ought  not  to 
be  sought  out ;  if  they  are  brought  before  you  and  convicted  they  ought 
to  be  punished ;  provided  that  he  who  denies  that  he  is  a  Christian, 
and  proves  this  by  making  supplication  to  our  gods,  however  much  he 
may  have  been  under  suspicion  in  the  past,  shall  secure  pardon  on  re- 
pentance. In  the  case  of  no  crime  should  attention  be  paid  to  anony- 
mous charges,  for  they  afford  a  bad  precedent  and  are  not  worthy  of 
our  age. 

RESCRIPT    OF    HADRIAN    TO    MINUCIUS    FUNDANUS. 

Justin  Martyr,  Opera,  ed.   Otto,  Jena  (1842),  I,  p.  273  sq.     Greek. 

I  have  received  the  letter  written  to  me  by  your  predecessor,  Sere- 
nus  Granianus,  a  most  excellent  man :  and  it  does  not  seem  well  to  pass 
over  this  report  in  silence,  lest  both  the  innocent  be  confounded  and  an 
occasion  for  robbery  be  given  to  false  accusers.  Accordingly,  if  the  in- 
habitants are  able  to  sustain  their  accusations  openly  against  Christians, 
so  as  to  charge  them  with  something  before  the  tribunal,  I  do  not  forbid 
them  to  do  this.  But  I  do  not  permit  mere  tumultuous  cries  and  accla- 
mations to  be  used,  for  it  is  much  more  equitable  that  if  anyone  wishes 
to  make  accusation,  you  should  know  the  charges.  If,  therefore,  anyone 
charges  and  proves  that  the  men  designated  have  done  anything  con- 
trary to  the  laws,  you  are  to  fix  penalties  in  proportion  to  their  trans- 
gressions. By  Hercules,  you  will  take  especial  care,  that  if,  for  the  sake 
of  calumny,  anyone  shall  prosecute  one  of  them,  that  you  inflict  on  the 
accuser  a  more  severe  punishment  for  his  villany. 


V.     PERSECUTION  UNDER  MARCUS  AURELIUS. 

Two  points  may  well  surprise  us  :  first,  that  such  a  bitter  persecution  should 
have  taken  place  under  "  the  best  of  emperors  ;"  and,  secondly,  that  Tertullian, 
in  spite  of  this  persecution  of  which  he  prol^ably  knew,  should  have  spoken  of  Mar- 
cus Aurelius  as  being  favorably  inclined  towards  the  Christians.  The  first  point 
may  be  explained  in  part  by  recalling  that  in  the  only  passage  of  his  Meditations,  in 
which  the  emperor  speaks  of  the  Christians,  he  styles  their  attitude  "  sheer  obsti- 
nacy." 

The  account  of  the  persecution  at  Lyons  and  Vienna  is  especially  valuable  be- 
cause it  is  from  a  letter  written  by  eye-witnesses.  It  is  a  subject  of  regret  that  Eu- 
sebius  did  not  preserve  the  whole  letter.     The  date  of  the  persecution  was  177. 


PERSECUTION    AT    LYONS    AND    VIENNA.  II 

THE    PERSECUTION    AT    LYONS    AND    VIENNA. 

Eusebiiis  :   Historia  Ecclesiastica,  Book  V,  cli.  I,  3  ff.  (ed.    Dindorf,  Vol.  IV, 
Leipsic,  187 1,  pp.  183-198).     Gi-eek. 

"The  servauts  of  Christ,  living  at  Vienna  and  Lyons  in  Gaul,  to 
the  brethren  throughout  Asia  and  Phrygia  who  have  the  same  faith 
and  hope  of  redemption  that  we  have,  peace,  grace  and  glory  from  God 
the  Father  and  Christ  Jesus  our  Lord." 

Then  after  some  other  preliminary  remarks  they  begin  their  ac- 
count  in  the  following  words :  "  The  magnitude  of  the  tribulation  here,  the 
great  fury  of  the  heathen  against  the  saints,  and  how  much  the  blessed 
martyrs  endured,  we  cannot  fully  recount,  nor  indeed  is  it  possible  to 
express  these  in  writing.  For  with  all  his  might  the  advei-sary  broke 
loose  upon  us,  showing  even  now  how  unrestrained  his  future  coming 
would  be.  He  tried  every  means  of  training  and  exercising  his  fol- 
lowers against  the  servants  of  God,  so  that  not  only  were  we  excluded 
from  houses,  baths  and  markets,  but  also  forbidden,  every  one  of  us,  to 
appear  in  any  place  whatsoever. 

But  the  grace  of  God  fought  against  the  adversary,  rescued  the 
weak,  and  arrayed  firm  pillars,  able  through  patience  to  withstand 
every  attack  of  the  Evil  One.  They  engaged  in  conflict  wdth  him,  suf- 
fering every  kind  of  shame  and  injury,  and,  counting  their  great  trials 
as  small,  they  hastened  to  Christ,  showing  that  '  the  sufferings  of  this 
present  time  are  not  worthy  to  be  compared  with  the  glory  which  shall 
be  revealed  to  us  ward.' 

First,  indeed,  they  endured  nobly  the  sufferings  heaped  upon  them 
by  the  general  populace,  clamors,  blows,  being  dragged  along,  rob- 
beries, stonings,  imprisonments,  and  all  that  an  enraged  mob  loves  to 
inflict  on  opponents  and  enemies.  Then  they  were  taken  to  the  forum 
by  the  chiliarch  and  the  ordained  authorities  of  the  city  and  were  ex- 
amined in  the  presence  of  the  whole  multitude.  Having  confessed, 
they  were  imprisoned  until  the  arrival  of  the  governor.  When  they 
were  afterwards  brought  before  him  and  he  treated  us  with  all  manner 
of  cruelty,  Vettius  Epagathus,  one  of  the  brethren,  filled  with  love  for 
God  and  his  neighbor,  interfered.  His  daily  life  was  so  consistent  that, 
although  young,  he  had  a  reputation  like  the  elder  Zacharias,  for  he 
Svalked  in  all  the  commandments  and  ordinances  of  the  Lord  blame- 
less' and  was  untiring  in  every  good  ofRce  for  his  neighbor,  filled  with 
zeal  for  God  and  fervent  in  spirit.     Such  a  man  could  not  endure  the 


12  TRANSLATIONS    AND    REPRINTS. 

unrighteous  judgment  against  us,  but  was  filled  with  indignation  and 
demanded  that  he  should  be  permitted  to  testify  in  behalf  of  the 
brethren  that  there  was  no  atheism  or  impiety  in  us.  Those  about  the 
tribunal  cried  out  against  him,  and  with  reason,  for  he  was  a  man  of 
mark,  and  the  governor  denied  his  just  request,  but  asked  only  this 
one  question,  if  he  also  was  a  Christian ;  and  on  his  confessing  this 
most  distinctly,  placed  hira  also  in  the  number  of  the  martyrs.  He 
was  called  the  advocate  of  the  Christians,  but  he  had  the  Advocate 
[//a/jr/x/ryrov]  in  himself,  the  Spirit  more  fully  than  Zacharias.  This 
he  manifested  by  the  fulness  of  his  love,  counting  himself  happy  to  lay 
down  his  own  life  in  the  defence  of  the  brethren.  For  he  was  and  is  a 
true  disciple  of  Christ,  'following  the  Lamb  whithersoever  he  goeth.' 

After  that  the  others  were  divided  and  the  proto-martyrs  were 
known  and  held  in  readiness.  They  with  all  eagerness  finished  the 
confession  of  martyrdom.  But  some  appeared  unprepared  and  un- 
trained and  still  weak,  unable  to  endure  the  strain  of  a  great  contest. 
Of  these  about  ten  became  apostates,.. who  caused  us  great  pain  and  ex- 
cessive sorrow,  and  weakened  the  zeal  of  the  others  who  had  not  yet  been 
seized,  and  who,  although  suffering  all  kinds  of  evil,  w-ere  constantly 
with  the  martyrs  and  did  not  abandon  them.  Then  indeed  all  were  in 
great  fear  on  account  of  the  uncertaiuty  of  the  confession,  not  fearing 
the  sufferings  to  be  endured,  but  looking  to  the  end  and  fearing  lest 
some  one  should  apostatize.  Yet  those  who  were  worthy  were  seized 
each  day,  filling  up  their  number,  so  that  all  the  zealous  and  those 
through  whom  especially  our  affairs  had  been  managed  were  gathered 
together  from  the  two  churches.  And  some  of  our  servants  who  were 
heathens  were  seized  because  the  governor  had  ordered  that  we  should 
all  be  examined  in  public. 

These  by  the  wiles  of  Satan,  fearing  the  tortures  which  they  saw 
the  saints  suffering  and  urged  by  the  soldiers  to  do  this,  accused  us 
falsely  of  Thyestean  banquets  and  Oedipodean  incests  and  of  deeds 
which  it  is  not  lawful  for  us  to  speak  of,  or  think  of,  and  which  we  do 
not  believe  men  ever  committed.  When  these  accusations  were  reported 
all  raged  like  wild  beasts  against  us,  so  that  those  even  who  had  pre- 
viously restrained  themselves  on  account  of  kinship,  then  became  ex- 
ceedingly enraged  and  gnashed  their  teeth  against  us.  And  the  saying 
of  our  Lord  was  fulfilled  that  'the  time  will  come  when  whosoever 
killeth  you  will  think  that  he  doeth  God's  service.'  Then  finally  the 
holy    martyrs   endured    suffei-ings    beyond    all   description   and   Satan 


PERSECUTIONS    AT    LYONS    AND    VIENNA.  1 3 

strove  earnestly  that  some  blasphemies  might  be  uttered   by  them  also. 

But  tlie  whole  rage  of  the  people,  governor  and  soldiers  was  aroused 
exceedingly  against  Sanctus,  deacon  from  Vienna,  and  against  Maturus, 
a  recent  convert  but  a  noble  combatant,  and  against  Attalus,  a  native  of 
Pergamus,  who  had  always  been  a  pillar  and  a  foundation  in  that  place, 
and  against  Blandina  through  w^honi  Christ  showed  that  what  appears 
mean,  deformed  and  contemptible  to  men  is  of  great  glory  with  God 
through  love  for  Him,  shown  in  power  and  not  boasting  in  appearance. 
For  while  we  all,  together  with  her  mistress  on  earth,  who  was  herself 
also  one  of  the  combatants  among  the  martyrs,  feared  lest  in  the  strife 
she  should  be  unable  to  make  her  confession  on  account  of  her  bodily 
w^eakness,  Blandina  was  filled  with  such  power  that  she  was  delivered 
and  raised  above  those  who  took  turns  in  torturing  her  in  every  manner 
from  dawn  till  evening ;  and  they  confessed  that  they  were  defeated  and 
had  nothing  more  which  they  could  do  to  her.  They  marvelled  at  her 
endurance,  for  her  whole  body  was  mangled  and  broken ;  and  they  testi- 
fied that  one  form  of  torture  was  sufficient  to  destroy  life,  to  say  nothing 
of  so  many  and  so  great  tortures.  But  the  blessed  one,  like  a  noble 
athlete,  renew^ed  her  strength  in  the  confession;  and  her  comfort,  re- 
freshment and  relief  from  suffering  was  in  saying,  'I  am  a  Christian' 
and  'Nothing  vile  is  done  by  us.' 

Sanctus  also  himself,  marvellously  and  beyond  all  men,  endured 
nobly  all  human  outrages,  while  the  wicked  hoped  by  the  duration  and 
severity  of  the  tortures  to  wring  from  him  something  which  he  ought 
not  to  utter,  he  withstood  them  with  such  firmness,  that  he  did  not  even 
tell  his  own  name  or  the  nation  or  the  city  whence  he  came,  or  whether 
he  w^as  a  bondman  or  free,  but  to  all  questions  he  replied  in  the  Ro- 
man tongue,  'I  am  a  Christian.'  This  he  confessed  instead  of  name 
and  city  and  race  and  everything  else,  and  the  people  did  not  hear  him 
utter  another  word.  Then  the  governor  and  those  who  were  torturing 
him  became  exceedingly  obstinate  against  him,  so  that  when  tbey  had 
nothing  else  that  they  could  do  to  him,  they  at  last  applied  red-hot 
brass  plates  to  the  most  tender  parts  of  his  body.  These  indeed  were 
burned,  but  he  remained  unsubdued  and  unshaken,  firm  in  his  confes- 
sion, refreshed  and  strengthened  by  the  celestial  spring  of  the  water  of 
life  flowing  from  the  bowels  of  Christ  But  his  body  was  a  witness  of 
his  sufferings,  all  one  wound  and  scar,  shriveled  up  and  without  hu- 
man appearance  externally.  Christ,  suffering  in  him,  showed  great 
wonders,  defeating  the  adversary  and  exhibiting  an  example  to  the 


14  TRANSLATIONS    AND    REPRINTS. 

others,  that  there  is  nothing  fearful  where  the  love  of  the  Father  exists, 
nothing  painful  where  the  glory  of  Christ  is.  For  when  the  lawless  men 
tortured  the  martyr  again  after  some  days,  and  thought  that  as  his 
body  was  swollen  and  inflamed,  if  they  applied  the  same  tortures,  they 
would  overcome  him,  since  he  could  not  bear  the  touch  of  a  hand  ; 
or  that,  if  he  died  under  the  tortures,  it  would  strike  the  others  with  ter- 
ror, not  only  no  such  thing  happened  to  him,  but  even  contrary  to  all 
human  expectations,  his  body  arose  and  stood  up  straight  during  the  re- 
maining tortures  and  took  on  its  former  appearance  and  recovered  the 
use  of  the  limbs,  so  that  through  the  grace  of  Christ  the  second  torture 
was  not  suffering  but  healing. 

But  the  devil,  thinking  he  had  already  consumed  a  certain  Biblias, 
one  of  those  wdio  had  recanted,  wishing  also  to  condemn  her  on  account 
of  blasphemy,  led  her  to  the  torture  to  compel  her,  as  she  was  already 
feeble  and  weak,  to  utter  impious  things  concerning  us.  But  she  re- 
covered herself  in  her  suffering,  and,  as  if  aroused  from  a  deep  sleep  and 
reminded  by  the  present  anguish  of  the  eternal  torture  in  hell,  she  con- 
tradicted the  blasphemers,  saying:  'How  could  they  eat  children  to 
whom  it  is  not  even  lawful  to  taste  the  blood  of  irrational  animals?' 
And  after  that  she  confessed  herself  a  Christian  and  was  placed  in  the 
order  of  the  martyrs. 

But  as  the  tyrannical  tortures  were  deprived  of  effect  by  Christ, 
through  the  patience  of  the  blessed,  the  devil  invented  other  contriv- 
ances, confinement  in  the  dark  and  in  the  most  loathsome  place  in  the 
prison,  stretching  the  feet  in  stocks  extended  to  the  fifth  hole,  and  other 
torments  such  as  attendants  when  enraged  and  filled  with  the  devil  are 
accustomed  to  inflict  upon  prisoners,  so  that  very  many  were  suffocated 
in  prison  who  the  Lord  willed  should  depart  thus,  manifesting  His  glory. 
For  some  who  had  been  tortured  cruelly,  so  that  it  seemed  impossible 
that  they  should  live,  even  when  every  means  was  applied  to  heal  them, 
remained  in  the  prison,  destitute  of  care  from  men,  strengthened  by  the  Lord 
and  invigorated  in  body  and  soul,  exhorting  and  encouraging  the  others. 
But  the  young  and  those  recently  arrested,  whose  bodies  were  not  in- 
ured to  torture,  could  not  endure  the  severity  of  the  imprisonment,  but 
died  in  prison. 

The  blessed  Pothinus,  who  had  been  entrusted  with  the  office  of 
bishop  in  Ly(jns,  was  dragged  to  the  tribunal.  He  was  over  ninety 
years  of  age  and  very  weak  in  body,  breathing  with  difficulty  on  account 
of  bis  physical  weakness,  but  invigorated  with  spiritual  zeal  because  of 
his  intense  eagerness  for  martyrdom.     His  body  was   worn   out  by   old 


PERSECUTION    AT    LYONS    AND    VIENNA.  1 5 

age  mid  disease,  but  life  was  preserved  in  him  in  order  that  Christ 
might  triumph  iji  it.  When  he  was  carried  by  the  sohliers  to  the  tri- 
bunal and  was  accompanied  by  the  magistrates  of  the  city  and  the 
whole  multitude  who  uttered  all  kinds  of  outcries  against  him,  as  if  he  were 
Christ  Himself,  he  bore  noble  witness. 

On  being  asked  by  the  governor  who  was  the  god  of  the  Christians, 
he  said,  'If  you  are  worthy  you  shall  know.'  Then  he  was  dragged  off 
harshly  and  endured  many  blows.  Those  near  him  struck  him  with 
their  hands  and  feet  in  every  manner,  regardless  of  his  age ;  those  at  a 
distance  threw  at  him  whatever  they  had  in  their  hands ;  all  thinking 
that  they  would  sin  extremely  and  be  guilty  of  great  impiety  if  any  in- 
sult to  him  was  omitted,  for  they  thought  thus  to  avenge  their  own  gods. 
And  scarcely  breathing,  he  was  cast  into  prison  and  died  after  two  days. 

Then  indeed  a  certain  great  interposition  of  God  occurred  and  the 
boundless  mercy  of  Christ  was  shown  in  a  manner  that  had  rarely  hap- 
pened among  the  brotherhood,  but  not  at  all  beyond  the  power  of 
Christ.  For  those  who  had  recanted  when  first  arrested  were  impris- 
oned also  and  shared  the  sufferings.  For  their  recantation  was  of  no 
profit  to  them,  even  in  this  present  time.  But  those  who  had  confessed 
what  they  were,  were  imprisoned  as  Christians,  no  other  charge  being 
brought  against  them ;  but  the  former  were  treated  as  murderers  and 
defiled  with  blood,  and  suffered  twice  as  severely  as  the  latter.  For 
the  joy  of  martyrdom  and  the  hope  of  things  promised  and  the  love  for 
Christ,  and  the  Spirit  of  the  Father  encouraged  the  latter ;  but  their 
consciences  greatly  terrified  the  former,  so  that  their  countenances  were 
distinguishable  from  all  the  rest  when  they  were  led  forth.  For  the 
former  went  forth  joyfully,  great  glory  and  grace  joining  together  in 
their  countenances,  so  that  their  very  bonds  seemed  to  form  beautiful 
ornaments  for  them,  like  those  of  a  bride  adorned  with  variegated  golden 
fringes,  and  perfumed  with  the  sweet  fragrance  of  Christ,  so  that  some 
thought  them  perfumed  with  earthly  ointment.  But  the  others  were 
downcast,  humble,  sad,  and  filled  with  all  kinds  of  disgrace,  and  in  ad- 
dition were  reproached  by  the  heathen  as  ignoble  and  cowardly,  under 
the  accusation  of  murder,  and  having  lost  all  the  honorable,  glorious 
and  life-giving  Name.  The  others,  when  they  saw  this,  were  strength- 
ened, and  when  arrested  they  confessed  at  once,  paying  no  heed  to  the 
devil's  suggestions." 

After  some  other  remarks  they  again  continue:  "Finally  after  this 
their  martyrdom  was  divided  into  all  kinds   of  forms.     For  plaiting  a 


1 6  TRANSLATIONS    AND    REPRINTS. 

crown  of  various  colors  and  of  all  kinds  of  flowers  they  offered  it  to  the 
Father.  It  was  fitting  indeed,  that  the  noble  athletes  who  had  sus- 
tained a  manifold  conflict  and  had  conquered  grandly  should  obtain  the 
great  crown  of  immortality.  Maturus,  Sanctus,  Blandina  and  Attains 
were  therefore  led  to  the  w^ild  beasts  in  the  amphitheatre,  and  in  order 
to  give  to  the  heathen  public  a  spectacle  of  cruelty,  a  day  was  especially 
appointed  for  our  people  to  fight  with  the  wild  beasts.  Accordingly 
Maturus  and  Sanctus  again  passed  through  the  whole  torture  in  the 
amphitheatre,  not  as  if  they  had  suffered  nothing  at  all  before,  but 
rather  as  if  having  overcome  the  adversary  already  in  many  kinds  of 
contests  they  w^ere  now  striving  for  the  crown  itself  They  endured 
again  the  running  the  gauntlet  customary  in  that  place  and  the  at- 
tacks from  the  wild  beasts  and  everything  that  the  raging  multitude, 
who  cried  out  from  one  place  or  another,  desired,  and  at  last  the 
iron  chair  in  which  their  bodies  were  roasted  and  tormented  them 
with  the  fumes.  Not  even  with  this  did  the  tortures  cease,  but  they 
raged  still  more,  desiring  to  overcome  their  patience,  and  they  did 
not  hear  a  word  from  Sanctus  except  the  confession  which  he  had  made 
from  the  beginning.  These  accordingly,  after  their  life  had  continued 
for  a  very  long  time  through  the  great  conflict,  died  at  last,  after 
having  furnished  a  spectacle  to  the  world  throughout  that  day  in- 
stead of  all  the  varieties  of  gladiatorial  combats. 

But  Blandina  suspended  on  a  stake  was  exposed  as  food  for  the 
wild  beasts  which  should  fall  upon  her.  Because  she  seemed  to  be  sus- 
pended in  the  manner  of  a  cross  and  because  of  her  earnest  prayei'S,  she 
encouraged  the  contestants  greatly.  They  looking  upon  her  in  lier  con- 
flict, beheld  with  their  eyes,  through  their  sister.  Him  w^ho  had  suffered 
for  them  in  order  to  persuade  those  who  trust  in  Him  that  everyone 
who  suffers  for  the  glory  of  Christ  has  eternal  fellowship  with  the  living 
God.  And  as  none  of  the  beasts  touched  her  at  that  time,  she  was 
taken  down  from  the  stake  and  led  away  again  to  the  prison,  to  be  pre- 
served for  another  contest,  in  order  that,  by  conquering  in  more  trials, 
she  might  make  the  condenmation  of  the  crooked  serpent  irrevocable, 
and  that  she,  small,  weak  and  despicable,  yet  filled  with  Christ,  the 
great  and  victorius  Athlete,  might  encourage  the  brethren,  and  that  she, 
after  having  overcome  the  antagonist  in  many  contests,  might  obtain 
through  the  conflict  the  crown  of  immortality. 

J5ut  when  Attains  himself  was  loudly  called  for  by  the  throng 
(for  he  was  a  distinguished  manj  he  entered  as  a  ready  contestant  on 


PERSECUTION    AT    LYONS    AND    VIENNA. 


17 


account  of  his  good  conscience,  as  he  was  truly  skilled  in  the  Christian 
discipline  aud  had  always  been  a  witness  of  the  truth  among  us.  And 
as  he  was  led  about  in  the  ring  of  the  amphitheatre,  a  tablet  was  borne 
before  him  on  which  was  written  in  the  Roman,  'This  is  Attains  the 
Christian,'  aud  the  people  were  exceedingly  indignant  against  him. 
But  when  the  governor  learned  that  this  man  was  a  Roman,  he  ordered 
him  to  be  led  away  to  prison  again  aud  to  remain  with  the  others  who 
were  there,  concerning  whom  he  had  w^ritten  to  Caesar,  from  whom  he 
was  now  awaiting  an  answer. 

But  the  time  which  intervened  was  not  wasted  or  profitless  for 
them,  for  by  their  patience  the  boundless  mercy  of  Christ  was  shown. 
For  through  the  living  the  dead  were  restored  to  life  and  the  witnesses 
showed  favor  to  those  who  were  not  witnesses,  and  there  was  great  joy 
for  the  virgin  mother  when  she  received  back  again  liviug,  those  whom 
she  had  brouglit  forth  as  dead.  For  through  these  the  greater  part  of 
those  who  had  been  apostates  retraced  their  steps,  were  again  conceived, 
again  endowed  with  life,  and  learned  to  confess.  And  now  living  and 
strengthened  they  went  to  the  tribunal,  while  God,  who  desireth  not 
the  death  of  a  sinner,  but  mercifully  inviteth  to  repentance,  regarded 
them  kindly,  in  order  that  they  might  again  be  questioned  by  the  gov- 
ernor. For  Caesar  had  written  that  these  should  be  put  to  death,  but 
if  any  should  deny  they  should  be  dismissed.  At  the  beginning  of  the 
festival  held  there,  w^hich  is  attended  by  throngs  of  people  from  all  na- 
tions, the  governor  had  the  blessed  ones  brought  to  the  judgment-seat 
to  be  a  show  and  spectacle  for  the  multitude.  Therefore  he  examined 
them  again,  and  as  many  as  seemed  to  be  Roman  citizens  he  had  be- 
headed, the  others  he  sent  to  the  wild  beasts. 

Christ  was  glorified  greatly  in  those  who  had  previously  denied 
him,  for  contrary  to  the  expectation  of  the  heathen,  they  confessed. 
For  these  were  examined  separately  as  about  to  be  set  free,  aud  when 
they  confessed,  they  were  added  to  the  number  of  the  martyrs.  But 
those  w^ho  never  had  a  particle  of  faith,  or  any  expectation  of  the  wed- 
ding garment,  or  any  thought  of  the  fear  of  God,  remained  without, 
and  as  sons  of  perdition  blasphemed  the  way  through  their  apostacv. 
All  the  others  were  added  to  the  church.  While  these  were  examined 
a  certain  Alexander,  a  Phrygian  by  birth,  and  a  physician  by  profes- 
sion, who  had  resided  in  Gaul  for  many  years,  and  who  was  extremely 
well-known  to  all  by  his  love  for  God  and  boldness  of  speech,  (for  he 
was  not  without  a  share  of  apostolic  grace)  stood  by  the  tribunal.     By 


1 8  TRANSLATIONS    AND    REPRINTS. 

signs  he  encouraged  them  to  confess  and  seemed  to  those  who  ^Yere  stand- 
ing about  the  tribunal  as  if  he  were  in  travail.  But  the  multitude  were 
enraged  because  those  who  had  formerly  apostatized  now  confessed,  and 
cried  out  against  Alexander  as  if  he  was  the  cause  of  this.  The  gov- 
ernor stopped  and  asked  him  who  he  was ;  he  replied  that  he  was  a 
Christian.  Very  angrily  the  governor  condemned  him  to  the  wild 
beasts  and  on  the  following  day  he  entered  along  with  Attains.  For  to 
please  the  mob  the  governor  had  again  condemned  Attains  to  the  wild 
beasts. 

These  having  endured  all  the  tortures  which  serve  as  punishments 
in  the  amphitheatre  and  having  conquered  in  a  great  conflict,  were  fi- 
nally put  to  death.  Alexander  did  not  groan  or  cry  out  at  all,  but 
communed  in  his  heart  with  God.  Attains,  when  he  was  set  in  the  iron 
chair  and  was  burned  so  that  the  fumes  from  his  body  rose,  said  to  the 
multitude,  in  the  Roman  tongue:  "See  this  which  ye  do,  is  devouring 
men.  But  we  do  not  devour  men,  or  do  anything  else  which  is  evil." 
When  he  was  asked  what  name  God  has,  he  replied:  "God  does  not 
have  a  name  like  a  man." 

After  all  of  these,  on  the  last  day  of  the  contests,  -Blandina  was 
again  brought  in  together  with  Ponticus,  a  boy  of  kbout  fifteen.  These 
had  been  brought  every  day  to  witness  the  sufferings  of  the  others,  and 
had  been  urged  to  swear  by  the  idols.  But  as  they  had  remained  firm 
and  had  despised  the  idols,  the  multitude  was  furious  against  them,  so 
that  they  had  no  compassion  for  the  youth  of  the  boy  or  the  sex  of  the 
woman.  But  they  subjected  them  to  all  the  sufferings  and  led  them 
through  the  whole  round  of  torture,  repeatedly  urging  them  to  swear, 
but  not  being  able  to  accomplish  this.  For  Ponticus,  supported  by 
his  sister,  so  that  even  the  heathen  saw  that  she  was  encouraging  and 
strengthening  him,  gave  up  his  life  after  having  nobly  endured  every 
torture.  But  the  blessed  Blandina  last  of  all,  like  a  noble  mother  hav- 
ing encouraged  her  children  and  having  sent  them  before  her  victorious 
to  the  King,  herself  endured  all  the  conflicts  in  which  the  children  had 
suffered  and  hastened  after  them  rejoicing  and  joyful  in  her  departure, 
as  if  summoned  to  a  marriage  feast,  rather  than  thrown  to  the  wild 
beasts.  After  the,  scourgings,  after  the  wild  beasts,  after  the  roasting, 
at  last,  enclosed  in  the  net  she  was  thrown  before  a  wild  bull.  She  was 
well  tossed  about  by  the  animal,  but  she  did  not  feel  her  sufferings  on 
account  of  her  hope,  trust  and  connnunion  with  Christ,  and  at  last  she 
too  died.  And  the  heathen  themselves  confessed  that  no  woman  among 
them  had  ever  suff*ered  so  many  and  so  great  tortures. 


PERSECUTION    AT    LYONS    AND    VIENNA. 


19 


But  not  e.ven  thus  was  their  madness  and  cruelty  against  the  saints 
satisfied.  For  urged  on  by  the  wild  beast,  wild  and  barbarous  tribes 
are  not  easily  appeased,  and  their  rage  found  another  peculiar  opportu- 
nity in  the  dead  bodies.  For  the  fact  that  they  were  conquered  did  not  put 
them  to  shame,  as  they  did  not  have  any  manly  reason,  but  rather  in- 
creased their  wrath  like  that  of  a  wild  beast,  and  incited  the  hatred  of 
the  governor  and  people  alike  so  that  they  treated  us  unjustly,  that  the 
Scripture  might  be  fulfilled,  'He  that  is  lawless,  let  him  be  lawless  still, 
and  he  that  is  righteous,  let  hira  be  righteous  still.'  For  those  who  had 
been  suffocated  in  the  prison  they  threw  to  the  dogs,  carefully  watching 
them  night  and  day  so  that  no  one  should  be  buried  by  us.  And  then 
they  exposed  the  remnants  left  by  the  wild  beasts  and  the  fire,  mangled 
and  burnt.  And  the  heads  of  the  others  together  with  their  bodies,  they 
likewise  guarded  unburied  with  soldiers  for  many  days. 

Some  raged  and  gnashed  their  teeth  against  these,  desiring  to  find 
some  more  severe  vengeance  against  them.  But  others  laughed  and 
mocked  at  them,  magnifying  at  the  same  time  their  own  idols  and  im- 
puting to  the  latter  the  punishment  of  the  former.  The  more  moderate, 
and  those  who  had  seemed  to  have  some  sympathy  for  them,  reproached 
them  frequently  saying,  'Where  is  their  God  and  what  has  their  re- 
ligion which  they  have  preferred  to  their  own  lives,  profited  them?' 

Such  were  the  varied  feelings  among  them,  but  we  grieved  greatly 
because  we  were  not  able  to  bury  the  bodies  in  the  ground.  For 
neither  did  night  avail  us  for  this  purpose,  nor  bribes  succeed,  nor  pray- 
ers move  them.  But  they  kept  watch  in  every  manner,  as  if  it  would 
profit  them  greatly  if  these  were  not  buried." 

After  these  they  say  in  addition  other  things :  "  The  bodies  of  the 
martja's  after  having  been  exposed  and  exhibited  in  every  manner  for 
six  days,  were  afterwards  burned  and  reduced  to  ashes  by  the  lawless 
men  and  throw^n  in  the  river  Rhone  which  flows  close  by,  so  that  no  rem- 
nants of  them  might  still  be  seen  on  the  earth.  And  they  did  this  as  if 
they  were  able  to  overcome  God  and  prevent  their  coming  to  life  again, 
in  order,  as  some  said,  'that  they  may  have  no  hope  of  a  resurrection, 
trusting  in  which  they  bring  to  us  a  certain  foreign  and  strange  relig- 
ion, and  despise  awful  punishments  and  are  ready  with  joy  to  suffer 
death.  Now  let  us  see  whether  they  will  rise  again,  and  if  their  God  is 
able  to  aid  them  and  rescue  them  from  our  hands.'  " 


20  TRANSLATIONS    AND    REPRINTS. 

VI.  PERSECUTIONS  OF  THE  THIRD  CENTURY. 

The  persecutions  of  the  first  half  of  the  third  century  were  merely  local  like 
those  of  the  first  two  centuries,  but  in  the  second  halt  they  became  general. 

Several  of  the  emperors  of  this  first  period  were  friendly  to  the  Christians,  and 
it  is  even  said  that  Philip  was  a  Christian  ;  nevertheless  persecutions  took  place, 
as  the  "Acta"  of  the  martyrs  prove.  vSeptimius  Severus  tried  to  prevent  pagans  from 
becoming  Christians  by  his  rescript  of  202,  and  Maximinus  ordered  the  rulers  of  the 
churches  to  be  put  to  death. 

Although  the  text  of  the  decree  of  Decius  has  not  been  preserved,  we  know 
that  he  promulgated  a  decree  against  the  Christians,  in  250  A.  D.,  which  instituted 
a  general  persecution.  Of  what  the  details  were  we  can  get  some  knowledge  from 
the  letters  and  documents  of  the  time.  The  persecution  may  have  been  severe,  but 
it  was  short,  for  Decius  died  in  May,  251  A.  D. 

Decius  attacked  the  whole  body  of  the  Christians,  but  Valerian  adopted  a  dif- 
ferent policy,  since  he  condemned  the  heads  of  the  community  to  death  and  seized  the 
temporal  possessions  of  the  church.  He  issued  two  decrees,  the  second  condemn- 
ing bishops  to  death  instead  of  merely  to  exile  as  the  first  did. 

The  so-called  "Acta"  are  official  draughts  which  were  made  in  all  civil  and 
criminal  cases,  both  at  Rome  and  in  the  provinces,  according  to  Roman  law.  Some 
of  these  reports  of  the  trials  of  Christians  are  very  valuable,  but  so  many  of  them 
have  been  tampered  with  that  they  have  to  be  used  with  caution. 

The  text  of  the  decree  by  Aurelian  has  not  been  preserved  in  any  official  doc- 
ument, but  the  substance  of  it  is  probably  given  in  the  extract  from  the  Passio 
Symphoriani. 

PERSECUTION    UNDER    SEPTIMIUS    SEYERUS. 
THE    RESCRIPT. 

Spartian,  Vita  Sept.  Sev.  Ch.  17  (Script.  Hist.  August.,  ed.  Jordan  et  Es- 
senhardt  I,  p.  13).      Latin. 

Under  threat  of  severe  punishment  he  forbade  men  to  become  Jews. 
Moreover,  he  decreed  the  same  in  the  case  of  Christians. 

ACCOUNT    BY    TERTULLIAN. 

Ad  Scapulam,  4  (I,  p.  547  sq.  ed.  Oehler).    Latin. 

Even  Severus  himself,  father  of  Antoninus,  was  mindful  of  the 
Christians.  For  the  Christian  Proculus,  who  was  called  Torpacion,  pro- 
curator of  Euhodias,  and  who  had  once  wrought  a  cure  for  him  with 
ointment,  Severus  sought  out  and  kept  in  his  palace  until  the  time  of  his 
death.  Antoninus,  who  was  nourished  on  Christian  milk,  was  very  well 
acquainted  with  this  man.  The  most  noble  women  and  men  whom  Sev- 
erus knew  belonged  to  this  sect,  he  not  only  did  not  harm,  but  he  even 


PERSECUTION    UNDER    MAXIMINUS    THRAX.  21 

set  forth  the  truth  by  his  own  testimony  and  openly  restored  them  to  us 
from  the  raging  populace. 

ACCOUNT    BY    EUSEBIUS. 
Hist.  Ecc,  Bk.  VI,  ch.  i.   ed.  Dindorf,  Vol.  IV,  p.  239-40.     Greek. 

When  Severus  set  in  motion  a  persecution  against  the  churches, 
brilliant  testimonies  were  given  everywhere  by  the  athletes  of  religion. 
Especially  did  these  abound  in  Alexandria,  whither  athletes  of  God  were 
sent  in  accordance  with  their  worth,  from  Egypt  and  all  Thebais  as  if 
to  a  very  great  contest,  and  where  they  obtained  their  crowns  from  God 
through  their  most  patient  endurance  of  various  tortures  and  kinds  of 
death.  Among  these  was  Leonides,  who  was  called  the  father  of  Origen, 
and  who  was  beheaded,  leaving  his  son  still  a  young  boy 

PERSECUTION    UNDER    MAXIMINUS    TPIRAX. 
ACCOUNT    BY    EUSEBIUS. 

Hist.  Ecc,  Bk.  VI,  ch.  28.   ed.  Dindorf,  Vol.  IV,  p.  273.     Greek. 

Maximinus  Caesar  succeeded  to  Alexander,  emperor  of  the  Ro- 
mans, who  had  ruled  thirteen  years.  On  account  of  his  hatred  for  the 
household  of  Alexander,  which  contained  many  believers,  he  began  a 
persecution,  but  commanded  that  the  rulers  of  the  churches  alone  should 
be  put  to  death,  on  the  ground  that  they  were  the  authors  of  the  teach- 
ing of  the  Gospels.  Then  Origen  composed  his  w^ork  ''On  Martyrdom," 
and  dedicated  the  book  to  Ambrose  and  Protoctetus,  who  was  presbyter  of 
the  parish  in  Caesarea,  because  both  had  incurred  unusual  peril  in  this  per- 
secution. The  report  is  that  in  this  peril  these  men  were  prominent  in 
confession.  Maximinus  did  not  survive  more  than  three  years.  Origen 
has  marked  this  as  the  time  of  the  persecution  in  the  twenty-second  book 
of  his  Commentaries  on  John  and  in  different  letters. 

LACTANTIUS    ON    THE    DEATH    OF    DECIUS. 

De  Mort.   Persecut.  ch.  4,   Opera  ed.   O.  F.  Fritzsche   (Bibl.  Patr.   Ecc.    Lat. 
XI,  Leipsic,  1844)  II,  p.  250  sq.     Latin. 

For  after  many  years  the  accursed  beast,  Decius,  arose  who  har- 
rassed  the  church, — for  who  but  an  evil  man  can  persecute  righteous- 
ness ? — And  as  if  he  had  been  raised  to  that  high  position  for  this  pur- 


22  TRANSLATIONS    AND    REPRINTS. 

pose,  he  began  at  once  to  rage  against  God  so  that  he  immediately  fell. 
For  having  proceeded  against  the  Carpi,  who  had  then  occupied  Dacia  and 
Moesia,  he  was  immediately  surrounded  by  the  barbarians  and  destroyed 
with  a  great  part  of  his  army.  Nor  could  he  be  honored  by  burial, 
but,  stripped  and  naked,  he  lay  exposed  as  food  to  wild  beasts  and  birds, 
as  was  becoming  to  an  enemy  of  God. 

persecution  under  valerian. 
Cyprian's  letter. 

EpLst.  80,    Opera  ed.   G.   Hartel,    II,    p.   839   sq.      (Corp.   Script.   Ecc.    Lat. 
Ill,  1871.)     Latin. 

The  reason  why  I  did  not  write  to  you  immediately,  dearest  brother, 
was  that  the  whole  body  of  the  clergy  were  detained  l)y  the  stress  of  the 
conflict,  and  could  not  depart  thence  at  all,  being  prepared  by  the  de- 
votion of  their  spirits  for  everlasting  and  heavenly  glory.  Be  it  known 
to  you  that  those  have  returned  whom  I  had  sent  to  the  City  to  dis- 
cover and  report  to  us  as  to  the  nature  of  the  truth  of  the  rescript  con- 
cerning us.  For  many,  various  and  uncertain  were  the  rumors 
circulated.  But  the  truth  of  the  matter  is  this :  Valerian  had  sent  a 
rescript  to  the  senate,  that  bishops,  presbyters  and  deacons  should  be 
punished  immediately,  but  that  senators,  nobles,  and  Roman  knights 
should  be  degraded  from  their  dignity,  and  furthermore  despoiled  of  their 
goods,  and  if,  after  they  had  been  deprived  of  their  property,  they 
should  persist  in  being  Christians,  they  too  should  be  beheaded.  Ma- 
trons should  be  deprived  of  their  goods  and  sent  into  exile.  Those 
of  Caesar's  household,  whoever  had  confessed  formerly  or  should  con- 
fess now,  should  have  their  property  confiscated,  and  should  be  sent  in 
chains  by  assignment  to  Caesar's  estates.  To  his  discourse,  moreover, 
the  emperor  Valerian  added  a  copy  of  the  letter  which  he  sent  to  the 
governors  of  the  provinces  concerning  us.  This  letter  we  hope  daily 
will  arrive,  prepared  according  to  the  strength  of  the  faith,  ready  to 
endure  martyrdom,  and  expecting  by  the  might  and  grace  of  God  the 
crown  of  eternal  life.  Be  it  known  to  you,  moreover,  that  Xistus  was 
executed  in  the  cemetery  on  the  eighth  before  the  Ides  of  August,  and 
together  with  him  four  deacons.  Indeed,  the  prefects  in  the  city  insist 
daily  on  this  persecution.  If  any  are  brought  before  them,  they  are 
punislied  and  tlieir  goods  confiscated  to  the  treasury. 

I  beg  that  this  may  be  made  known  through  you  to  the  rest  of  our 


MARTYRDOM    OF    CYPRIAN.  23 

associates,  so  that  eveiywhere  by  their  encouragement  the  brotherhood 
may  be  strengthened  and  prepared  for  the  spiritual  conflict,  that  each 
of  us  may  not  think  more  of  death  than  of  immortality,  and  that,  con- 
secrated to  the  Lord,  in  full  faith  and  all  virtue,  they  may  rejoice 
rather  than  fear  in  this  confession  in  which  they  know  that,  as  soldiers 
of  God  and  Christ,  they  will  not  be  destroyed  but  be  crowned.  I  hope 
that  you,  dearest  brother,  will  be  ever  strong  in  the  Lord. 

THE    MARTYRDOM    OF    CYPRIAN. 

Acta  Proconsularia  Cypriani,  Opera  ed.  G.  Hartel,  III,  p.  ex  sqq.  (Corp.  Script. 
Eccles,  Lat.  Ill,  1871.)     Latin. 

In  the  fourth  consulship  of  the  emperor  Valerian  and  the  third  of 
Gallienus,  on  the  third  before  the  Kalends  of  September,  in  the  council 
chamber  of  Carthage,  Paternus,  the  proconsul,  said  to  Bishop  Cyprian : 
''The  most  sacred  emperors.  Valerian  and  Gallienus  have  thought  fit  to 
give  me  a  letter  according  to  which  they  have  ordered  that  those,  who 
do  not  practice  the  Roman  religion,  should  recognize  the  Roman  rites. 
I  have  asked,  therefore,  concerning  your  name;  what  do  you  answer 
me?"  Bishop  Cyprian  said:  "I  am  a  Christian  and  a  bishop.  I  have 
known  no  other  gods  except  the  true  and  only  God,  who  made  heaven 
and  earth,  the  sea  and  all  that  in  them  is.  To  this  God  we  Christians 
yield  ourselves ;  to  Him  we  pray  by  da}^  and  night  for  jou,  for  all  men, 
and  for  the  safety  of  the  emperors  themselves."  Paternus,  the  proconsul, 
said:  "Do  you,  then,  persist  in  this  purpose?"  Bishop  Cyprian  replied: 
"A  good  purpose,  which  has  known  God,  cannot  be  changed."  Pater- 
nus, the  proconsul,  said  :  "  Will  you  be  able  to  depart  into  exile,  then,  to 
the  city  of  Curubitana  (Curubis)  according  to  the  decree  of  Valerian 
and  Gallienus?"  Bishop  Cyprian  said:  "I  depart."  Paternus,  the  pro- 
consul, said :  "They  have  thought  fit  to  write  to  me  not  only  concerning 
bishops,  but  also  presbyters.  I  wish,  therefore,  to  learn  from  you  who 
the  presbyters  are  who  abide  in  the  city."  Bishop  Cyprian  replied: 
"  By  your  laws  you  have  rightfully  and  profitably  decreed  that  there 
should  be  no  informers ;  and  hence  they  cannot  be  betrayed  and  de- 
nounced by  me.  But  in  their  own  cities  they  will  be  found."  Pater- 
nus, the  proconsul,  said:  "To-day,  in  this  place,  I  am  going  to  seek 
them."  Cyprian  said:  "Since  custom  forbids  that  any  one  ofier  him- 
self voluntarily,  and  this  is  displeasing  to  your  judgment,  they  cannot 
give  themselves  up,  but,  if  you  seek  them,  you  will  find  them."     Pater- 


24  TRANSLATIONS    AND    REPRINTS. 

nils,  the  proconsul,  said:  "They  will  be  found  by  me."  And  added: 
"It  has  also  been  ordered  that  they  should  not  hold  assemblies  in  any 
place  or  enter  the  cemeteries.  If  any  one  does  not  observe  this  so  whole- 
some ordinance  he  is  to  be  beheaded."  Bishop  Cyprian  replied:  "Do 
as  you  are  ordered." 

Then  Paternus,  the  proconsul,  ordered  the  blessed  bishop  Cyprian 
to  be  led  into  exile.  When  he  had  remained  there  for  a  long  time,  the 
proconsul  Galerius  Maximus  succeeded  the  proconsul  Aspasius  Paternus 
and  ordered  the  holy  bishop  Cyprian  to  be  recalled  from  exile  and 
brought  before  him.  When  the  holy  martyr  Cyprian,  chosen  by  God, 
had  returned  from  the  city  of  Curubitaua,  w^here  he  had  been  sent  into 
exile  by  the  order  of  Aspasius  Paternus,  the  proconsul  at  that  time,  he 
remained  in  his  gardens  according  to  holy  injunction,  and  thence  daily 
hoped  that  it  would  happen  to  him  as  had  been  revealed.  While 
he  was  waiting  here,  there  suddenly  came  to  him,  on  the  Ides  of  Sep- 
tember in  the  consulship  of  Tuscus  and  Bassus,  two  men  of  high  rank, 
one  the  curator  of  the  official  Galerius  Maximus,  the  proconsul,  who 
had  succeeded  Aspasius  Paternus,  and  the  other  the  groom  from  the 
guards  of  this  same  official.  And  they  put  him  between  them,  and 
brought  him  to  Sexti,  w^here  Galerius  Maximus,  the  proconsul,  had 
retired  for  the  sake  of  recovering  his  health.  And  so  the  proconsul 
Galerius  Maximus  ordered  Cyprian  to  be  reserved  for  him  until  the 
next  day.  And  at  the  same  time,  the  blessed  Cyprian  retired,  led 
away  to  the  chief  and  curator  of  this  same  official,  Galerius  Maximus, 
the  proconsul,  a  most  illustrious  man,  and  he  stayed  with  this  man,  en- 
joying his  hospitality  in  the  village,  called  Saturui,  which  is  between 
Venerea  and  Salutaria.  Thither  the  whole  company  of  brethren  came, 
and,  w^heu  the  holy  Cyprian  learned  this,  he  ordered  the  maidens  to  be 
protected,  since  all  had  remained  in  the  village  before  the  gate  of  the 
hospitable  officer. 

And  thus  on  the  next  day,  the  eighteenth  before  the  Kalends  of 
October,  early  in  the  morning,  a  great  crowd  came  to  Sexti  according 
to  the  order  of  Galerius  Maximus,  the  proconsul.  And  accordingl}^ 
Galerius  Maximus,  the  proconsul,  ordered  Cyprian  to  be  brought  before 
him  that  day,  while  he  was  sitting  in  the  Sauciolian  court.  And  when 
he  had  been  brought,  Galerius  Maximus,  the  proconsul,  said  to  bishop 
Cyprian:  "You  are  Thasci us  Cyprian?"  Bishop  Cyprian  replied:  "I 
am."  Galerius  Maximus,  the  proconsul,  said:  "The  most  sacred  em- 
perors have  commanded  you  to  sacrifice."     Bishop  Cyprian  said:   "I 


MARTYRDOM    OF    CYPRIAN.  25 

will  not."  Galerius  Maximiis  said:  ''Reflect  on  it."  Bishop  Cyprian 
replied:  "Do  what  you  are  ordered  to  do.  In  such  a  just  case  there 
is  uo  need  of  reflection." 

Galerius  Maximus,  having  spoken  with  the  council,  pronounced 
the  sentence  weakly  and  reluctantly  in  the  following  words:  "For  a 
long  time  you  have  lived  in  sacrilege,  you  have  gathered  about  you 
many  associates  in  your  impious  conspiracy,  you  have  put  yourself  in 
hostility  to  the  Roman  gods  and  to  the  sacred  rites,  nor  could  the  pious 
and  most  sacred  princes.  Valerian  and  Gallienus,  emperors,  and  Valer- 
ian, the  most  noble  Caesar,  bring  you  back  to  the  practice  of  their 
worship.  And  therefore,  since  you  are  found  to  be  the  author  of  the 
vilest  crimes,  and  the  standard  bearer,  you  shall  be  a  warning  to  those 
wdiom  you  have  gathered  about  you  in  your  crime ;  by  your  blood,  dis- 
cipline shall  be  established."  And  having  said  this  he  read  out  the 
decree  from  his  tablet :  "We  command  that  Thascius  Cyprian  be  ex- 
ecuted by  the  sword."     Bishop  Cyprian  said:   "Thank  God." 

After  this  sentence  the  crowd  of  brethren  kept  saying :  "  And  we 
will  be  beheaded  with  him."  On  account  of  this  a  commotion  arose 
among  the  brethren  and  a  great  crowd  followed  him.  And  thus  Cy- 
prian was  brought  to  the  country  about  Sexti ;  here  he  laid  aside  his  red 
cloak,  kneeled  on  the  ground,  and  prostrated  himself  before  the  Lord  in 
prayer.  And  when  he  had  laid  aside  his  priestly  robe  and  given  it  to  the 
deacons,  he  stood  in  his  linen  under-garments,^  and  waited  for  the  exe- 
cutioner. Moreover,  when  the  executioner  had  come,  he  ordered  his 
followers  to  give  this  executioner  twenty-five  pieces  of  gold.  In- 
deed linen  cloths  and  handkerchiefs  were  being  sent  before  him  by  the 
brethren.  After  this  the  blessed  Cyprian  covered  his  eyes  with  his 
hand.  When  he  could  not  bind  the  handkerchiefs  to  himself,  Julian, 
the  presbyter,  and  Julian,  the  subdeacon,  bound  them.  Thus  the 
blessed  Cyprian  died,  and  his  body  was  placed  near  at  hand  on  account 
of  the  curiosity  of  the  heathen.  Hence,  being  borne  away  in  the  night 
with  tapers  and  torches,  it  was  brought  with  prayers  and  great  triumph 
to  the  courts  of  the  procurator  Macrobius  Candidianus,  which  are  on 
the  Via  Mappaliensis,  near  the  fish  ponds.  Moreover,  after  a  few  days, 
Galerius  Maximus,  the  proconsul,  died. 

The  blessed  martyr  Cyprian  suflTered  on  the  eighteenth  before  the 


^  Gibbon  translates,  he  stood  on   a  piece  of  linen  (which  the   brethren   had 
spread  to  catch  his  blood.) 


26  TRANSLATIONS    AND    REPRINTS. 

Kalends  of  October  under  the  emperors  Valerian  and  Gallienus,  Jesus 
Christ,  the  true  God,  reigning,  to  whom  be  honor  and  glory  for  ever 
and  ever.     Amen. 

DECREE    OF    AURELIAN. 

Passio  S.  Symphoriani  Martyris,  ch.  2    (Ruinart,  Acta  Martyrum  Sincera,  Am- 
sterdam (1713)  p.  80.      Reprinted  in  Preuschen,  Analecta.)     Latin. 

The  emperor  Aurelian  to  all  his  administrators  and  governors. 
We  have  learned  that  the  preeepts  of  the  laws  are  violated  by  those 
who  in  our  times  call  themselves  Christians.  Punish  those  who  are  ar- 
rested with  divers  tortures,  unless  they  sacrifice  to  our  gods,  until  the 
difficulty  mentioned  may  be  righted,  and  vengeance,  satisfied  by  the 
extirpation  of  the  crime,  may  have  an  end. 


VII.     THE  TRIUMPH  OF  CHRISTIANITY. 

This  last  persecution  was  the  longest  and  the  most  severe.  It  covered  approxi- 
mately a  period  of  ten  years,  which,  however,  was  interrupted  by  civil  wars,  brought 
on  by  the  establishment  of  the  tetrarchy,  and  by  the  edict  of  toleration,  granted  by 
Galerius  on  his  death  bed.  It  was  in  Syria  and  Egypt  that  the  persecution  took  its 
worst  form.  In  the  west  the  force  of  the  decrees  was  mitigated,  especially  in  the 
dominion  of  Constans. 

We  have  two  good  authorities  for  the  period,  Eusebius  and  Lactantius,  both 
contemporaries  and  eye-witnesses,  the  one  in  Phoenicia  and  Egypt,  and  the  other 
in  Nicomedia  itself.  From  the  two  we  get  many  details  of  the  events  leading  up  to 
the  promulgation  of  the  decrees,  as  well  as  of  the  horrors  and  cruelty  attending 
their  execution. 

Eusebius  says  (Book  VIII,  10)  that  the  calamaties  of  the  times  were  brought 
on  the  church  as  a  judgment  from  God,  since  hypocrisy,  rivalry  and  dissension  had 
grown  up  in  the  church  as  a  result  of  excessive  liberty  and  great  wealth. 

Both  in  the  case  of  the  edict  of  toleration  by  Galerius  and  that  by  Constantine 
and  Licinius,  the  original  Latin  text  is  to  be  found  in  Lactantius,  and  merely  a 
Greek  translation  in  Eusebius,  (H.  E.,  Bk.  VIII,  17,  and  X,  5)  Both  Mason  and 
Allard  take  this  view.  (For  discussion  of  the  authorship  of  the  De  mort.  pers,  see 
appendix  to  Vol.  II  of  Gibbon,  ed.  by  Bury,  1896.) 


EDICTS    OF    DIOCLETIAN    AGAINST    THE    CHRISTIANS. 

Eusebius  :  Hist.  Ecc,  Book  VIII,  ch.  2,  ch.  6  at  end,  and  De    Mart.    Palest, 
ch.  3,  ch,  4,  and  ch.  9.    (ed.  Dindorf,  Vol.  IV,  p.  351,  357,  386,  390,  402.)      Greek. 

(Hist.  Ecc.  chap.  2.)     This  was  the  nineteenth  year  of  the  reign  of 


EDICTS    OF    DIOCLETIAN.  27 

Diocletian,  in  Dystrus  i^which  the  Romans  call  March),  when  the  feast 
of  the  Saviour's  passion  was  near  at  hand,  and  royal  edicts  were  pub- 
lished everywhere,  commanding  that  the  churches  should  be  razed  to 
the  ground,  the  Scriptures  destroyed  by  fire,  those  who  held  positions  of 
honor  degraded,  and  the  household  servants,  if  they  persisted  in  the 
Christian  profession,  be  deprived  of  their  liberty. 

And  such  was  the  first  decree  against  us.  But  issuing  other  de- 
crees not  long  after,  the  emperor  commanded  that  all  the  rulers  of  the 
churches  in  every  place  should  be  first  put  in  prison  and  afterwards 
compelled  by  every  device  to  offer  sacrifice. 

(Hist.  Ecc.  chap.  6.)  Then  as  the  first  decrees  were  follow^ed  by 
others  commanding  that  those  in  prison  should  be  set  free,  if  they  would 
offer  sacrifice,  but  that  those  wdio  refused  should  be  tormented  with 
countless  tortures,  w^ho  could  again  at  that  time  count  the  multitude  of 
martyrs  throughout  each  province,  and  especially  throughout  Africa 
and  among  the  race  of  the  Moors,  in  Thebais  and  throughout  Egypt, 
from  which  having  already  gone  into  other  cities  and  provinces,  they 
became  illustrious  in  their  martyrdoms  ! 

(De  Mart.  Pal.  ch.  3.)  During  the  second  year  the  w^ar  against 
us  increased  greatly.  Urbanus  was  then  governor  of  the  province  and 
imperial  edicts  were  first  issued  to  him,  in  which  it  was  commanded  that 
all  the  people  throughout  the  city  should  sacrifice  and  pour  out  libations 
to  the  idols 

(De  Mart.  Pal.  ch.  4.)     For  in  the  second  attack  upon 

us  by  Maximinus,  in  the  third  year  of  the  persecution  against  us,  edicts 
of  the  tyrant  were  issued  for  the  first  time,  that  all  the  people  should  of- 
fer sacrifice  and  that  the  rulers  of  the  city  should  see  to  this  diligently 
and  zealously.^  Heralds  w^ent  through  the  whole  city  of  Caesarea,  by 
the  orders  of  the  governor,  summoning  men,  women  and  children  to  the 
temples  of  the  idols,  and  in  addition  the  chiliarchs  were  calling  upon 
each  one  by  name  from  a  roll. 

(De  Mart.  Pal.  ch.  9.)  All  at  once  decrees  of  Maxi- 
minus again  got  abroad  against  us  everywhere  throughout  the  province. 
The  governors,  and  in  addition  the  military  prefects,  incited  by  edicts, 
letters  and  public  ordinances  the  magistrates  together  with  the  generals, 
and  the  city  clerks  in  all  the  cities,  to  fulfill  the  imperial  edicts  which 


1  Probably  this  was  merely  a  republication  of  the  edict  given  in  the  preceding 
extract. 


28  TRANSLATIONS    AND    REPRINTS. 

commanded  that  the  altars  of  the  idols  should  be  rebuilt  with  all  zeal ; 
and  that  all  the  meu,  together  with  the  women  and  children,  even  the 
infants  at  the  breast,  should  offer  sacrifice  and  pour  out  libations ;  and 
these  urged  them  anxiously,  carefully  to  make  the  people  taste  of  the 
sacrifices ;  and  that  the  viands  in  the  market  should  be  polluted  by  the 
libations  of  the  sacrifices  ;  and  that  watches  should  be  stationed  before 
the  baths,  so  as  to  defile  those  who  washed  in  these  with  the  all-abomi- 
nable sacrifices 

EDICT    OF    TOLERATION    BY    GALERIUS.        3 II    A.    D. 

Lactantius,  De  Mort.  Pers,  ch.  34,  35,  Opera  ed.  O.  F.  Fritzsche,  II,  p.  273. 
(Bibl.  Patr.  Ecc.  Lat.  XI.  Leipsic,  (1844.) 

(Ch.  34. )  Among  other  arrangements  which  w^e  are  always  accustomed 
to  make  for  the  prosperity  and  welfare  of  the  republic,  we  had  desired 
formerly  to  bring  all  things  into  harmony  with  the  ancient  laws  and 
public  order  of  the  Romans,  and  to  provide  that  even  the  Christians 
who  had  left  the  religion  of  their  fathers  should  come  back  to  reason, 
since,  indeed,  the  Christians  themselves,  for  some  reason  had  follow^ed 
such  a  caprice  and  had  fallen  into  such  a  folly  that  they  would  not  obey 
the  institutes  of  antiquity,  which  perchance  their  own  ancestors  had  first 
established,  but  at  their  own  will  and  pleasure,  they  would  thus  make 
laws  unto  themselves  which  they  should  observe  and  w^ould  collect  var- 
ious peoples  in  divers  places  in  congregations.  Finally,  when  our  law 
had  been  promulgated  to  the  effect  that  they  should  conform  to  the  in- 
stitutes of  antiquity,  many  were  subdued  by  the  fear  of  danger,  many 
even  suffered  death.  And  yet  since  most  of  them  persevered  in  their  de- 
termination, and  we  saw  that  they  neither  paid  the  reverence  and  awe 
due  to  the  gods  nor  worshipped  the  God  of  the  Christians,  in  view^  of 
our  most  mild  clemency  and  the  constant  habit  by  which  w-e  are  accus- 
tomed to  grant  indulgence  to  all,  we  thought  that  we  ought  to  grant  our 
most  prompt  indulgence  also  to  these,  so  that  they  may  again  be  Chris- 
tians and  may  hold  their  conventicles,  provided  they  do  nothing  con- 
trary to  good  order.  But  we  are  going  to  notify  the  magistrates  in 
another  letter  what  they  ought  to  do. 

Wherefore,  for  this  our  indulgence,  they  ought  to  pray  to  their  God 
for  our  safety,  for  that  of  the  republic,  and  for  their  own,  that  the  re- 
])ublic  may  continue  uninjured  on  every  side,  and  that  they  may  be 
a])le  to  live  securely  in  their  homes. 


DECREE    OF    MILAN.  29 

(ch.  35).     This  edict  is  published  at  Nicomedia  on  the  day  before  the 
Kalends  of  May,  in  our  eighth  consulship  and  the  second  of  Maxiniin us. 

DECREE  OF  MILAN  (3 1 3  A.   D.) 

Lactantius,  De  Mort.  Pers.,  ch.  48,    Opera  ed.  O.  F.  Fritzsche,  II,  p.  288  sq. 
(Bibl.  Patr.  Ecc.  Lat.  XI,  Leipsic,  1844).       Latin. 

When  I,  Constantiue  Augustus,  as  well  as  I,  Licinius  Augustus, 
had  fortunately  met  near  Mediolanum  (Milan),  and  were  considering 
everything  that  pertained  to  the  public  welfare  aud  security,  we  thought 
that  among  other  things  w^hich  we  saw  would  be  for  the  good  of  many, 
that  those  regulations  pertaining  to  the  reverence  of  the  Divinity  ought 
certainly  to  be  made  first,  so  that  we  might  grant  to  the  Christians  and 
to  all  others  full  authority  to  observe  that  religion  which  each  preferred  ; 
whence  any  Divinity  whatsoever  in  the  seat  of  the  heavens  may  be 
propitious  and  kindly  disposed  to  us,  and  all  who  are  placed  under  our 
rule.  And  thus  by  this  wholesome  counsel  and  most  upright  provision, 
we  thought  to  arrange  that  no  one  whatever  should  be  denied  the  op- 
portunity to  give  his  heart  to  the  observance  of  the  Christian  religion 
or  of  that  religion  which  he  should  think  best  for  himself,  so  that  the 
supreme  Deity,  to  whose  worship  we  freely  yield  our  hearts,  may  show 
in  all  things  his  usual  favor  and  benevolence.  Therefore,  your  AVorship 
should  know  that  it  has  pleased  us  to  remove  all  conditions  whatsoever, 
which  were  in  the  rescripts  formerly  given  to  you  officially,  concerning 
the  Christians,  and  now  any  one  of  these  who  wishes  to  observe  the 
Christian  religion  may  do  so  freely  and  openly,  without  any  disturbance 
or  molestation.  We  thought  it  fit  to  commend  these  things  most  fully 
to  your  care  that  you  may  know  that  we  have  given  to  those  Christians 
free  and  unrestricted  opportunity  of  religious  worship.  When  you  see 
that  this  has  been  granted  to  them  by  us,  your  Worship  will  know  that 
w^e  have  also  conceded  to  other  religions  the  right  of  open  and  free  ob- 
servance of  their  worship  for  the  sake  of  the  peace  of  our  times,  that 
each  one  may  have  the  free  opportunity  to  worship  as  he  pleases ;  this 
regulation  is  made  that  we  may  not  seem  to  detract  aught  from  any 
dignity  or  any  religion.  Moreover,  in  the  case  of  the  Christians  espe- 
cially, we  esteemed  it  best  to  order  that  if  it  happens  that  anyone  hereto- 
fore has  bought  from  our  treasury  or  from  anyone  whatsoever,  those 
places  where  they  were  previously  accustomed  to  assemble,  concerning 
which  a  certain  decree  had  been  made  and  a  letter  sent  to  you  officially. 


30  TRANSLATIONS    AND    REPRINTS. 

the  same  shall  be  restored  to   the  Christians  without  payment  or  any 
claim  of  recompense  and   without  any   kind   of  fraud    or    deception. 
Those,  moreover,  who  have  obtained  the  same  by  gift,  are  likewise  to 
return  them  at  once  to  the  Christians.     Besides,  both  those  who  have 
purchased  and  those  who  have  secured  them  by  gift,  are  to  appeal  to 
the   vicar  if  they   seek   any   recompense  from  our   bounty,   that  they 
may  be  cared  for  through  our  clemency.      All  this   property  ought 
to   be  delivered   at  once  to  the  community  of  the  Christians  through 
your   intercession,  and    without   delay.       And   since    these    Christians 
are   known    to    have    possessed  not  only  those  places  in  which    they 
were    accustomed    to  assemble,   but  also  other   property,    namely  the 
churches,  belonging  to  them  as  a  corporation  and  not  as  individuals,  all 
these  things  which  we  have  included  under  the  above  law,  you  will  or- 
der to  be  restored,  without  any  hesitation  or  controversy  at  all,  to  these 
Christians,  that  is  t6  say  to  the  corporations  and  their  conventicles : — 
providing,  of  course,  that  the  above  arrangements  be  follow^ed  so  that 
those  who  return  the  same  without  payment,  as  we  have  said,  may  hope 
for  an  indemnity  from  our  bounty.     In  all  these  circumstances  you 
ought  to  tender  your  most  efficacious  intervention  to  the  connnunity  of 
the  Christians,  that  our  command  may  be  carried  into  effect  as  quickly 
as  possible,  whereby,  moreover,  through  our  clemency,  public  order  may 
be  secured.     Let  this  be  done  so  that,  as  we  have  said  above,  Divhie 
favor  towards  us   which,  under  the  most  important  circumstances   we 
have  already  experienced,  may,  for  all  time,  preserve  and  prosper  our 
successes  together  with  the  good  of  the  state.     Moreover,  in  order  that 
the  statement  of  this  decree  of  our  good  will  may  come  to  the  notice  of 
all,  this  rescript,  published  by  your  decree,  shall   be  announced  every- 
where and  brought  to  the  knowledge  of  all,  so  that  the  decree  of  this, 
our  benevolence,  cannot  be  concealed. 


SELECT    BIBLIOGRAPHY.  3 1 

VIII.     SELECT  BIBLIOGRAPHY. 

Allard  :  Histoire  des  Persecutions.    5  Vols.  Paris,  1884- 1894.    (Second  editions 
of  Vols.  I  and  II,  Paris,  1892-1894.) 
These  volumes  form  the  most  important  work  on  the  whole  period. 

Allard:  Le  Christianisme  et  I'Empire  Remain,      i  Vol.  Paris,  1897. 

This  is  a  brief  and  more  popular  statement  of  the  conclusions  reached  by  this 
author  in  the  preparation  of  his  larger  work.  It  is  useful  to  the  student  because  it 
contains  a  valuable  bibliography  of  original  sources  and  secondary  works.  The 
price  is  only  three  francs  and  fifty  centimes. 

Aube  :  Histoire  des  Persecutions  de  I'Eglise.     Paris,  1875-1885. 

This  work,  although  often  quoted,  is  less  scholarly  than  the  preceding  and  has 
been  superseded  by  more  recent  works. 

Friedlander :  Sittengeschichte  Darstellungen  aus  der  Roms.    3  Vols.  Leipsic, 
1888-1890. 

This  work  is  a  valuable  portrayal  of  the  habits  and  daily  life  of  the  Romans. 
It  should  be  studied  in  order  to  understand  to  what  extent  the  Christians  deviated 
from  the  customs  of  their  fellow-citizens  and  why  they  antagonized  the  government. 

Gibbon :  Decline  and  Fall  of  the  Roman  Empire.  Ed.  Bury,  Vols.  I-III, 
London  and  New  York,  1896-1897. 
Gibbon's  "impartial"  account  in  the  "infamous"  fifteenth  and  sixteenth 
chapters  is  the  most  famous  discussion  of  this  subject  in  English.  Anyone,  who 
wishes  to  get  an  epitome  of  the  history  of  the  course  of  thought  concerning  this 
subject  during  the  last  century  can  do  so  by  consulting  Milman's  and  Smith's  ed- 
itions with  the  notes.  Bury's  edition,  the  most  scholarly  of  all,  omits  all  criticisms 
of  Gibbon's  attitude,  and  merely  corrects  mistakes  as  to  matters  of  fact. 

Hardy :  Christianity  and  the  Roman  Government.     London,  1894, 

A  brief  and  scholarly  discussion  of  the  early  persecutions.  It  covers  practi- 
cally the  same  period  as  Ramsay's  book  and  was  written  partly  as  a  criticism  of  the 
latter. 

Lightfoot :    Saint  Clement  of  Rome.     London,  1870. 

In  this  and  in  his  other  works,  on  "Saints  Ignatius  and  Polycarp  "  and 
"The  Apostolic  Fathers,"  Lightfoot  gives  most  scholarly  and  exhaustive  discussions 
of  each  question  treated  by  him.  His  bibliographical  references  and  citations  of 
authorities,  "  pro  and  con,"  are  extremely  full. 

Mason  :  Persecution  of  Diocletian.     Cambridge,  1876. 
Popular,  but  useful,  because  in  English. 


32  TRANSLATIONS    AND    REPRINTS. 

Mommsen  :  Der  Religions  frevel  nach  romischer  Recht,  in  the  Historische 
Zeitschrift.  Vol.  LXIV,  1890,  p.  389-424. 
Among  the  many  contributions  by  Mommsen  to  the  study  of  early  church 
history,  this  is  possibly  the  most  valuable.  By  his  profound  knowledge  of  Roman 
histoiy  and  law,  he  disproved  many  theories  currently  held,  and  laid  the  founda- 
tion on  which  Ramsay,  Hardy,  and  others  have  built. 

Preuschen  :  Analecta,   Frieburg  and  Leipsic.      1893. 

This  is  a  collection  of  short,  original  documents,  illustrating  the  history  of  the 
early  church.  Most  of  the  documents  in  this  pamphlet,  as  well  as  many  others, 
are  given  in  the  collection  in  the  original  text.  The  editing  is  carefully  done  and 
a  good  bibliography  is  given  for  each  section. 

Ramsay:  The  Church  in  the  Roman  Empire  before  170  A.  D.  London, 
1894. 
A  very  careful  and  scholarly  discussion.  Original  in  treatment,  although  based 
upon  Mommsen's  articles.  The  notes  furnish  excellent  bibliographical  references 
to  the  work  of  other  scholars,  such  as  Overbeck,  Arnold,  Neumann,  Lightfoot  and 
others. 

Renan:    Les  Origines  du  Christianisme.     6  Vols,  Paris,  1863-1882. 

By  far  the  most  exhaustive  discussion  of  the  period  to  the  death  of  Marcus 
Aurelius.  Every  scrap  of  evidence  available  for  the  author  was  gathered  and  laid 
under  contribution.  His  views  may  not  be  accepted,  but  his  work  is  invaluable  as 
a  store-house  of  material. 


The  editors  have  consulted  such  translations  as  were  accessible.  In  particular, 
indebtedness  must  be  acknowledged  to  the  series  of  "Nicene  and  Post-Nicene 
Fathers"  for  suggestions  as  to  doubtful  passages  from  Eusebius. 


Translations  and  Reprints 

FROM   THE 

ORIGINAL  SOURCES  OF  EUROPEAN  HISTORY. 


Vol.  IV.      Canons  and  Creeds  of  the  first  four  General     No.  2 

Councils. 


TABLE  OF  CONTENTS. 

PAGE 

I.       The  Creed  and  Canons  of  Nic^a. 

1.  The  Nicene  Creed, 3 

2.  Subjects  of  the  Canons,      . 4 

3.  Canons, 4 

II.       The  Creed  and  Canons  of  Constantinople. 

1.  The  Creed, 11 

2.  Subjects  of  the  Canons, 12 

3.  Canons, 12 

III.  The  Canons  of  Ephesus. 

1.  Subjects  of  the  Canons,  .   .■ 15 

2.  Canons, 15 

IV.  Definition  of  Faith  and  Canons  of  Chalcedon. 

1.  Definition  of  Faith,     18 

2.  Subjects  of  the  Canons,      21 

3.  Canons, •   •  22 

V.       Sources  and  Literature, 31 


TRANSLATIONS   AND   REI'RINTS. 


INTRODUCTION. 

1.  The  Council  of  Nicsea  was  called  by  the  emperor  Constantine  in  the 
summer  of  A.  D.  325,  primarily  for  the  settlement  of  the  Arian  controversy,  which 
had  greatly  distracted  the  church  ;  but  also  to  deal  with  the  Meletian  schism  in 
Egypt,  and  with  the  question  as  to  the  method  of  calculating  the  date  for  Easter. 
The  titles  and  subject  matter  of  its  twenty  Canons  indicate,  however,  that  there 
were  many  and  diverse  points  brought  before  the  Council  for  decision.  There  were 
some  318  bishops  present,  7  of  whom  were  Latins. 

2.  The  Council  of  Constantinople  was  summoned  by  the  Emperor  Theodosius 
I,  in  May,  A.  D.  381,  in  order  to  reaffirm  the  Nicene  faith  and  to  secure  it  against 
Arianism  and  Macedonianism  [Semi-Arianism],  as  well  as  to  stay  the  progress  of 
Apollinarianism,  and  to  settle  the  dissensions  in  the  church  at  Constantinople. 
There  were  150  bishops  present,  none  of  whom  were  from  the  west. 

3.  The  Council  of  Ephesus  was  called  by  Theodosius  II,  in  June,  A.  D.  431, 
for  the  purpose  of  settling  the  Nestorian  controversy,  and  of  condemning  Pelagi- 
anism.     There  were  some  200  bishops  present,  2  of  whom  were  Latins. 

4.  The  Council  of  Chalcedon  was  convoked  by  the  emperor  Marcian  in  Oc- 
tober, A.  D.  45 1;  in  order  to  denounce  and  nullify  the  action  of  the  so-called  Rob- 
bers' Synod  which  had  met  at  Ephesus  two  years  previous.  There  were  some  600 
bishops  present,  only  4  of  whom  were  Latins. 

[The  following  translation  of  the  Canons  is  based  upon  the  text  of  Dr.  William 
Bright,  and  acknowledgment  is  hereby  made  of  the  assistance  derived  from  his 
excellent  notes,  as  well  as  from  the  English  translation  of  Hefele  by  Clark  and 
Oxenham.] 


THE    NICENE   OKEED.  3 

I.  THE  CREED  AND  CANONS  OF  THE  FIRST  GENERAL 
COUNCIL,  HELD  AT  NIC^A,  A.  D.,  325. 

I.       THE  NICENE  CREED  AS  FRAMED  IN  325,   ACCORDING  TO  THE    TEXT 
CONTAINED  IN  THE  ACTS  OF  THE  COUNCIL  OF  CHALCEDON. 

We  believe  in  one  God,  the  FATHER  Almighty,  Maker  of  all 
things  visible  and  invisible.  And  in  one  Lord,  JESUS  CHRIST,  the 
Son  of  God,  begotten  of  the  Father,  the  only-begotten ;  that  is,  of  the 
essence  of  the  Father,  God  of  God,  Light  of  Light,  very  God  of  very 
God,  begotten,  not  made,  being  of  one  substance  [6iioou<nuv']  with  the 
Father ;  by  whom  all  things  were  made,  both  in  heaven  and  on  earth ; 
who  for  us  men,  and  for  our  salvation,  came  down  and  was  incarnate 
and  was  made  man ;  he  suffered,  and  the  third  day  he  rose  again,  ascended 
into  heaven  ;  from  thence  he  shall  come  to  judge  the  quick  and  the  dead. 
And  in  the  HOLY  GHOST.  But  those  who  say:  'There  was  a  time 
when  he  was  not ;'  and  '  He  was  not  before  he  was  made ;'  and  '  He  was 
made  out  of  nothing,'  or  'He  is  of  another  substance'  or  'essence,'  or 
'The  Son  of  God  is  created,'  or  'changeable,'  or  'alterable' — they  are 
condemned  by  the  holy  catholic  and  apostolic  church. 


TRANSLATIONS   AND   REPRINTS. 


2.       SUBJECTS   OF   THE   CANONS. 


1.  Self-mutilation  incompatible  with  clerical  office. 

2.  Converts  not  to  be  ordained  immediately  after  baptism. 

3.  'Sub-introduced'  women  not  to  dwell  with  clerics. 

4.  On  appointments  to  bishoprics  in  the  provinces, 

5.  On  excommunication,  and  on  provincial  synods. 

6.  All  sees  to  retain  their  ancient  rights.     Bishops  to  be  ap- 
pointed according  to  rule. 

7.  Honorary  precedence  for  the  bishop  of  Aelia   [Jerusalem], 

8.  On  the  treatment  of  converts  from  Novatiauism. 

9.  On  inquiry  into  character  of  ordiuands. 

10.  Against  ordaining  those  who  have  lapsed. 

11.  Laymen  who  lapsed  without  excuse  to  be  put  under  jDenance. 

12.  On  the  case  of  those  who  resigned  public  office,  but  sought  to 
regain  it. 

13.  Communion  to  be  given  to  all  dying  persons,  including  those 
under  penance. 

14.  On  lapsed  catechumens. 

15.  Against  migration  of  bishops  and  clergy. 

16.  Against  clerics  who  leave  their  proper  posts. 

17.  Against  clerics  who  take  usury. 

18.  Deacons  not  to  encroach  on  privileges  of  presbyters. 

19.  On  the  treatment  of  converts  from  Paulianism. 

20.  Prayer  to  be  offered  standing  on  Sundays  and  throughout  the 
Paschal  season. 

3.       CANONS   OF   THE   COUNCIL   OF   NIC.EA. 

Canon  i.  Self-mutilation  incompatible  with  clerical  office. 
If  any  man  has  been  operated  upon  by  physicians  during  illness, 
or  has  been  castrated  by  barbarians,  he  may  remain  among  the  clergy ; 
but  if  a  man  in  good  health  has  castrated  himself,  he  must  withdraw, 
even  though  he  is  registered  among  the  clergy  ;  and  from  this  time  on, 
no  one  who  has  thus  acted  should  be  promoted.  And  clear  as  it  is, 
tliat  what  has  been  said  refers  to  those  who  have  intentionally  acted 
thus  and  have  dared  to  castrate  themselves,  it  is  equally  clear  that  the 
rule  of  discipline  admits  to  the  ranks  of  the  clergy  those  who  have  been 
made  eunuchs  by  barbarians  or  by  their  masters,  provided  they  are  in 
other  respects  found  worthy. 


CANONS   OF   NICJEA.  5 

Canon  2.     Converts  not  to  be  ordained  immediately  after  baptism. 

Inasmuch  as  many  things,  either  from  necessity,  or  by  reason  of 
the  pressure  of  certain  persons,  have  happened  contrary  to  the  rule  of 
the  church,  so  that  men  who  have  just  turned  from  a  heathen  life  to 
the  faith,  and  have  spent  but  a  short  time  as  catechumens,  are  brought 
directly  to  the  spiritual  laver,  and  at  baptism  are  exalted  at  once  to 
the  episcopate  or  presbyterate,  it  has  seemed  best  that  hereafter  this 
should  not  take  place.  For  [before  being  appointed  to  office]  a  man 
should  spend  considerable  time  as  a  catechumen,  and  should  be  tested 
farther  after  baptism;  for  the  apostolic  word  is  plain,  which  says:  "Not 
a  novice,  lest,  being  puffed  up,  he  fall  into  condemnation  and  the  snare 
of  the  devil."  If  then,  as  time  goes  on,  some  grave,  unspiritual  fault 
be  found  in  the  person  [thus  hastily  ordained],  and  this  shall  be  es- 
tablished by  two  or  three  witnesses,  he  must  resign  his  clerical  office. 
Now  any  one  who  acts  contrary  to  this  ordinance,  thus  venturing  op- 
position to  the  great  Synod,  will  run  a  risk  as  to  his  clerical  position. 


Canon  3.     « Sub-introduced  '  women  not  to  dwell  with  clerics. 

The  great  Synod  has  universally  denied  permi^ion  to  either  bishop, 
or  presbyter  or  deacon,  or  any  one  at  all  in  the  clergy,  to  have  an  in- 
timate female  house  companion,  except  it  be  a  mother,  or  a  sister,  or  an 
aunt,  or  such  other  woman  as  has  escaped  all  suspicion. 


Canon  4.     On  appointments  to  bishoprics  in  the  provinces. 

It  is  especially  fitting  that  a  bishop  be  appointed  by  all  the  bishops 
in  the  province ;  but  if  such  a  thing  be  difficult,  owing  either  to  urgent 
necessity,  or  to  the  distance,  then  three  at  least  should  come  together, 
the  absent  bishops  giving  their  votes  and  expressing  their  concurrence 
by  letter ;  this  done,  the  consecration  should  be  performed.  The  ratifi- 
cation of  such  procedure,  however,  is  in  every  province  to  be  left  to  the 
metropolitan. 

Canon  5.     On  excommunication,  and  on  provincial  synods. 

As  regards  those  who,  whether  in  the  rank  of  the  clergy  or  among 
the  laity,  have  been  excommunicated  by  the  bishops  in  this  or  that  pro- 
vince, the  sentence  must  hold  good  in  accordance  with  the  rule  which 


6  TRANSLATIONS   AND   REPRINTS. 

prescribes  that  those  who  have  been  cast  out  by  some  bishops  should 
not  be  admitted  by  others.  However,  let  inquiry  be  made,  whether 
such  have  not  been  unchurched  through  pettiness,  or  contentiousness,  or 
some  unkindliuess  of  that  sort  on  the  part  of  the  bishop.  In  order, 
therefore,  that  the  matter  may  receive  due  examination,  it  has  seemed 
good  that  there  should  be  two  synods  every  year  in  each  province,  that, 
by  the  gathering  of  all  the  bishops  of  a  province  into  one  assembly,  such 
questions  may  be  examined  into,  and  thus  that  those  vrho  have  undeni- 
ably offended  against  their  bishop  may  appear  to  all  to  be  with  good 
reason  excommunicate,  until  it  may  seem  fitting  to  the  common  body  of 
bishops  to  cast  a  milder  vote  in  their  behalf.  And  let  the  synods  be 
held,  one  before  Lent  [Tessaracosta],  that,  all  pettiness  of  soul  being 
banished,  the  gift  [of  the  eucharist]  may  be  offered  with  a  pure  heart 
unto  God ;   and  the  second  some  time  late  in  the  autumn. 

Canon  6.     All  sees  to  retain  their  ancient  rights.     Bishops  to  be  appointed 
according  to  rule. 

Let  the  ancient  customs  prevail  which  obtain  in  Egypt  and  Libya 
and  Pentapolis,  and  which  give  the  bishop  of  Alexandria  jurisdiction 
over  all  these  provinces,  since  there  is  a  similar  custom  in  the  case  of 
the  bishop  of  Rome.  And  likewise  also  at  Antioch,  and  in  the  other 
provinces,  their  prerogatives  are  to  be  preserved  to  the  churches.  Now 
it  is  perfectly  plain  that  if  any  one  has  become  a  bishop  without  the  con- 
sent of  the  metropolitan,  the  great  Synod  has  decreed  that  such  a  one 
ought  not  to  remain  a  bishop.  If,  however,  two  or  three,  through  their 
own  contentiousness,  antagonize  the  common  vote  of  all  the  bishops,  the 
same  being  reasonable  and  in  accordance  with  cliurch  rale,  the  vote  of 
the  majority  must  prevail. 

Canon  7.     Honorary  precedence  for  the  bishop  of  Aelia  (Jerusalem). 

Since  custom  and  ancient  tradition  have  brought  it  about  that  the 
bishop  in  Aelia  [Jerusalem]  is  specially  honored,  he  may  retain  the 
position  of  honor,  the  proper  dignity  of  the  metropolis  [Cfesarea]  being, 
however,  duly  conserved. 

Canon  8.     On  the  treatment  of  converts  from  Novatianism. 

With  respect  to  those  who  atone  time  style  themselves  "the  Pure" 
[i.  e.  Novatians],  but  afterward  seek  admission  to  the  catholic  and 


CANONS   OF   NICiEA.  7 

apostolic  church,  the  holy  and  great  Synod  has  seen  fit  to  decree  that 
they  may  remain  in  the  clerical  office,  provided  that  they  receive  im- 
position of  hands.  But,  fii*st  of  all,  they  must  make  confession  in  writing 
that  they  will  agree  to  the  decrees  of  the  catholic  and  apostolic  church, 
and  follow  them :  that  is,  by  having  fellowship  with  those  who  have 
married  a  second  time,  and  also  wnth  those  who  have  lapsed  in  persecu- 
tion, if  the  church  has  appointed  for  such  a  season  of  penance  and  a 
definite  time  when  they  can  return  to  fellowship.  They  will  thus  give 
evidence  that  they  will  follow  all  the  decrees  of  the  catholic  church. 
Wherever,  then,  either  in  villages  or  cities,  those  who  have  received  or- 
dination shall  be  found  to  be  entirely  confined  to  their  sect,  the  men 
thus  found  in  the  clerical  office  shall  retain  the  same  status  as  before. 
But  if  certain  [Novatian]  clerics  seek  admission  to  the  catholic  church 
when  it  already  has  a  bishop  or  presbyter  of  its  own  appointment,  it  is 
plain  that  the  bishop  of  the  church  shall  retain  the  dignity  of  "bishop," 
while  he  who  is  styled  ''bishop"  by  the  so-called  "Pure,"  shall  have 
the  rank  of  presbyter :  this,  at  least,  unless  the  bishop  be  pleased  to  grant 
him  a  share  in  the  honorary  title  of  "bishop;"  if  he  is  not  so  minded, 
he  should  certainly  find  a  place  for  him  as  rural  bishop  or  presbyter, 
that  he  may  seem  to  retain  fully  his  clerical  status.  This  provision, 
then,  is  made  to  prevent  the  anomaly  of  two  ruling  bishops  in  one  city. 

Canon  9.     On  inquiry  into  character  of  ordinands. 

If  any  have  been  admitted  as  presbyters  without  due  investigation, 
or  if  any,  upon  examination,  have  confessed  to  sins  committed  by  them, 
and  yet  have  received  ordination  by  men  who  were  moved  by  their  con- 
fession, the  rule  does  not  accept  them ;  for  only  a  character  above  re- 
proach will  the  catholic  church  defend. 

Canon  10.     Against  ordaining  those  who  have  lapsed. 

If  any  from  the  number  of  the  lapsed  have  been  chosen  to  office 
either  in  ignorance,  or  with  the  ordainer's  full  knowledge,  this  cannot 
prejudice  the  church's  rule ;  for  when  their  disqualification  is  discovered, 
they  must  be  deposed. 

Canon  ii.     Laymen  who  lapsed  without  excuse  to  be  put  under  penance. 

Regarding  those  who  have  fallen  away,  yet  not  under  compulsion, 
nor  for  fear  of  confiscation  of  property  or  personal  risk  or  the  like  (in 


8  TRANSLATIONS   AND   REPRINTS. 

Other  words,  under  conditions  such  as  characterized  the  tyranny  of 
Licinias),  the  Synod  has  decided  to  extend  clemency  to  them,  even 
though  they  are  unworthy  of  kindly  consideration.  All  those,  there- 
fore, who  truly  repent,  if  the}'^  were  formerly  among  the  "faithful," 
shall  spend  three  years  of  penitence  as  "hearers,"  for  seven  years  they 
shall  be  "kneelers,"  and  for  tvvo  they  shall  join  with  the  people  in  the 
prayers,  without,  however,  participating  in  the  "oblation"  [the 
eucharist] . 


Canon  12.    On  the  case  of  those  who  resigned  public  office,  but  sought  to  regain  it. 

Those  soldiers  who  were  called  by  grace,  and  showed  real  zeal  at 
the  start,  and  threw  away  their  belts,  but  who  afterward  returned  like 
dogs  to  their  own  vomit,  so  that  some  even  offered  money,  and  secured 
reenlistment  by  bribes;  these  men  must  be  "kneelers"  ten  years,  even 
after  having  spent  three  years  as  "hearers."  In  the  case  of  all  such, 
there  should  be  a  thorough  examination  of  their  purpose,  and  of  the 
nature  of  their  repentance ;  for  those  who,  by  their  reverence  and  tears 
and  patience  and  good  works,  show  their  conversion  in  deed  and  not  merely 
in  appearance,  may  reasonably  join  in  the  prayers  at  the  expiration  of 
the  time  which  it  was  appointed  that  they  should  spend  as  "hearers"; 
indeed  the  bishop  may  show  even  greater  leniency  toward  them,  if  he 
deems  it  wise.  But  those  who  carry  their  penance  all  too  lightly,  and 
consider  the  mere  form  of  entering  the  church  a  sufficient  sign  of  their 
repentance,  must  by  all  means  complete  the  full  period. 


Canon  13.     Communion  to  be  given  to  all  dying  persons,  including  those  under 

penance. 

With  regard  to  those  penitents  who  are  departing  this  life,  the  old 
and  regular  law  is  still  to  be  observed :  viz.  that  if  any  one  is  depart- 
ing, he  should  not  be  deprived  of  the  last  and  most  necessary  provision 
for  the  journey.  But  if,  after  one's  life  has  been  despaired  of,  and  he 
has  partaken  of  the  communion,  he  is  again  restored  to  the  number  of 
the  living,  he  shall  be  in  the  class  of  those  who  join  in  the  prayer  only. 

And,  in  general,  if  any  one  whatsoever  is  departing,  and  begs  to 
partake  of  the  eucharist,  the  bishop,  after  due  examination  of  his  fitness, 
shall  present  to  him  the  "oblation." 


CANONS   OF   NICiEA.  9 

Canon  14.     On  lapsed  catechumens. 

Respecting  lapsed  catechumens,  the  holy  and  great  Synod  has  de- 
cided that  for  three  years  they  shall  he  simply  "hearers,"  and  that 
thereafter  they  may  pray  with  the  catechumens. 

Canon  15.  Against  migration  of  bishops  and  clergy. 
Owing  to  the  great  disturbance  and  the  many  factious  that  have 
resulted  from  a  custom,  which,  though  contrary  to  rule,  has  been  found 
prevalent  in  certain  quartei-s,  it  has  seemed  best  to  entirely  suppress  it, 
and  to  ordain  that  neither  bishop,  nor  presbyter,  nor  deacon  obtain 
any  transfer  from  city  to  city ;  and  if,  after  the  decision  of  the  holy  and 
great  Synod,  any  cleric  makes  any  such  attempt,  or  devotes  himself  to 
such  an  enterprise,  the  arrangement  shall  be  completely  nullified,  and 
he  shall  be  restored  to  the  church  in  which  he  was  ordained  bishop  or 
presbyter. 

Canon  16.  Against  clerics  who  leave  their  proper  posts. 
Ail  those  who  recklessly  withdraw  from  their  church,  neither  having 
the  fear  of  God  before  their  eyes,  nor  taking  pains  to  know  the  church's 
rules,  whether  they  be  presbyters,  or  deacons,  or  registered  in  any  clerical 
office  whatsoever,  must  by  no  means  be  received  into  another  church, 
but  the  utmost  pressure  should  be  brought  to  bear  upon  them  to  induce 
them  to  return  to  their  own  diocese  ;  or  if  they  are  bent  upon  staying, 
fellowship  should  be  denied  to  them.  And  if  any  bishop  has  the 
temerity  to  underhandedly  steal  a  cleric  belonging  to  another  bishop, 
and  to  ordain  him  in  his  own  church,  without  the  consent  of  the  bishop 
from  whom  the  registered  cleric  withdrew,  the  ordination  shall  be  void. 

Canon  17.  Against  clerics  who  take  usury. 
Inasmuch  as  many  registered  among  the  clergy,  in  covetous  pur- 
suit of  sordid  gain,  have  forgotten  the  divine  Scripture  which  says :  "  He 
put  not  his  money  out  at  interest"  [Ps.  14:  5  LXX.,]  and  when  they 
make  loans,  demand  1  per  cent,  a  month  ;  the  holy  and  great  Synod  has 
deemed  it  just  to  decree  that  if,  after  the  publication  of  this  ordinance, 
any  one  is  found  taking  interest  by  explicit  contract,  or  seeking  to  ac- 
complish the  same  result  in  another  way,  or  exacting  half  as  much  again 
w^hen  the  debt  falls  due,  or,  in  fine,  resorting  to  any  other  contrivance 
whatsoever  for  the  sake  of  base  gain,  he  shall  be  deposed  from  the  clerical 
office,  and  his  name  erased  from  the  canon. 


to  TEANSLATIONS   AND   REPRINT?. 

Canon  i8.     Deacons  not  to  encroach  on  privileges  of  presbyters. 

It  has  come  to  the  knowledge  of  the  holy  and  great  Synod,  that  in 
certain  regions  and  cities  the  deacons  give  the  eucharist  to  the  presby- 
tei*s,  although  neither  rule  nor  custom  allows  those,  who  have  no  authority 
to  make  the  "oblation,"  to  give  the  body  of  Christ  to  those  who  have 
such  authority.  And  this  also  has  come  to  light,  that,  in  addition,  some 
of  the  deacons  partake  of  the  eucharist  before  the  bishops.  All  these 
abuses,  then,  must  cease.  And  let  the  deacons  remain  in  their  proper 
sphere,  remembering  that  they  are  merely  the  assistants  of  the  bishop, 
and  of  lower  rank  than  the  presbyters.  As  is  consistent  then  with  good 
order,  let  them  receive  the  eucharist  after  the  presbyters,  at  the  hands 
of  either  the  bishop  or  the  presbyter.  But  let  no  deacon  sit  in  the  midst 
of  the  presbyters,  for  such  a  thing  is  contrary  both  to  rule  and  good 
order.  But  if  any  one  refuses  to  obey,  even  after  hearing  these  ordi- 
nances, let  him  be  removed  from  the  diaconate. 


Canon  19.     On  the  treatment  of  converts  from  Paulianism. 

With  regard  to  those  who  have  Paulianized  [i.  e.  followed  the 
heresy  of  Paul  of  Samosata],  but  who  later  have  fled  for  refuge  to  the 
catholic  church,  the  ordinance  prescribes  that  they  shall  be  rebaptized 
without  exception ;  and  if  some,  in  time  past,  were  registered  among  the 
clergy,  they  shall  be  ordained  (after  rebaptism)  by  the  bishop  of  the 
catholic  church,  provided  they  approve  themselves  to  be  blameless  and 
above  reproach ;  if,  however,  the  examination  finds  them  unfit  for  the 
office,  they  should  be  deposed.  This  rule  is  to  be  observed,  in  like  man- 
ner, with  regard  to  deaconesses,  and,  in  short,  with  all  those  registered 
among  the  clergy.  We  called  special  attention  to  the  deaconesses,  who 
have  apparent  clerical  rank,  since  they  have  no  real  ordination,  and  are 
therefore  to  be  reckoned  as  altogether  of  the  laity. 


Canon  20.     Prayer  to  be  offered  standing  on  Sundays  and  throughout  the 
Paschal  season. 

Inasmuch  as  there  are  certain  persons  who  kneel  in  prayer  upon 
the  Lord's  Day  and  in  the  season  from  Easter  to  Pentecost,  the  holy 
Synod,  desirous  to  obtain  uniformity  in  the  observance  of  all  forms  of 
worship  in  every  diocese,  has  seen  fit  to  decree  that  they  ofiTer  their 
prayers  to  God  standing. 


CREED   OF   CONSTANTINOPLE.  11 

11.    CREED  AND  CANONS   OF  TPIE   SECOND  GENERAL 
COUNCIL,  HELD  AT  CONSTANTINOPLE,  A.  D.,  381. 

I.      THE  CREED  AS  REVISED  BY  THE  COUNCIL  OF  CONSTANTINOPLE, 

ACCORDING  TO  THE  TEXT  CONTAINED  IN  THE  ACTS 

OF  THE  COUNCIL  OF  CHALCEDON. 

We  believe  in  one  God,  the  FATHER  Almighty,  Maker  of  heaven 
and  earth  and  of  all  things  visible  and  invisible.  And  in  one  Lord 
JESUS  CHRIST,  the  only-begotten  Son  of  God,  begotten  of  the  Father 
before  all  worlds  \_aeG7is,']  Light  of  Light,  very  God  of  very  God,  be- 
gotten, not  made,  being  of  one  substance  with  the  Father ;  by  whom  all 
things  were  made ;  who  for  us  men,  and  for  our  salvation,  came  down 
from  heaven,  and  was  incarnate  by  the  Holy  Ghost  of  the  Virgin  Mary, 
and  was  made  man ;  he  was  crucified  for  us  under  Pontius  Pilate,  and 
suffered,  and  was  buried,  and  the  third  day  he  rose  again,  according  to 
the  Scriptures,  and  ascended  into  heaven,  and  sitteth  on  the  right  hand 
of  the  Father;  from  thence  he  shall  come  again,  with  glory,  to  judge 
the  quick  and  the  dead ;  whose  kingdom  shall  have  no  end.  And  in 
the  HOLY  GHOST,  the  Lord  and  Giver  of  life,  who  precedeth  from 
the  Father,  who  with  the  Father  and  the  Son  together  is  worshipped  and 
glorified,  who  spake  by  the  prophets.  In  one  holy  catholic  and  apostolic 
church;  we  acknowledge  one  baptism  for  the  remission  of  sins;  we  look 
for  the  resurrection  of  the  dead,  and  the  life  of  the  world  to  come.    Amen, 


12  TRANSLATIONS   AND   REPRINTS. 


2.       SUBJECTS   OF   THE   CANONS. 


1.  The    Nicene    faith   must   be    maintained,    and   all  heresies 
anathematized. 

2.  All  bishops  to  observe  their  existing  limits  of  jurisdiction. 

3.  The  bishop  of  Constantinople  to  have  priority  next  after  the 
bishop  of  Rome. 

4.  Against  Maximus,  the  pretender  to  the  see  of  Constantinople. 

5.  [A.  D.  382?]     On  reception  of  Antiochenes  professing  the  true 
faith. 

6.  [A.  D.  382?]     On  accusations  against  bishops. 

[7.     Spurious.     On  the  mode  of  receiving  converts  from  heresy.] 


3.      CANONS  OF  THE  FIRST  COUNCIL  OF  CONSTANTINOPLE. 

Canon  i.     The  Nicene  faith  must  be  maintained,  and  all  heresies  anathematized. 

The  confession  of  faith  of  the  three  hundred  and  eighteen  fathers 
assembled  at  Nicsea  in  Bithynia  shall  not  be  set  aside,  but  shall  re- 
main authoritative,  and  every  heresy  shall  be  anathematized,  especially 
the  Eunomian  or  Anomaean,  the  Arian  or  Eudoxiau,  the  Semi-Arian 
or  Pneumatomachian,  the  Sabellian,  the  Marcelliau,  the  Photinian  and 
the  Apollinarian. 


Canon  2.     All  bishops  to  observe  their  existing  limits  of  jurisdiction. 

The  bishops  of  one  diocese  shall  not  visit  the  churches  of  another 
and  make  confusion  among  them ;  but,  in  accordance  with  the  canons, 
the  bishop  of  Alexandria  shall  govern  Egypt  only,   those  of  the  East, 
the  East  only,  while  at  the  same  time  regarding  the  privileges  of  the 
church  at  Autioch,  as  granted  in  the  canons  of  Nicsea.     And  the  bishops 
of  Asia  shall  have  jurisdiction  over  Asia  only,   those  of  Pontus,  over 
Poutus  only,  and  those  of  Thrace,  over  Thrace  only.     Unless  summoned, 
bishops  shall  not  go  outside  their  dioceses  for  the  purpose  of  ordination, 
or  other  ecclesiastical  functions.     But,  while  the  existing  canon  re'^'"'' 
ing  the  dioceses  is  observed,  it  is  clear  that  in  each   province  tb 
vincial  Synod  is  to  rule,  according  to  the  decisions  of  Nicsea.     1 
churches  of  God  among  the  barbaric  nations  shall  be  governed 
ing  t(j  the  custom  which  prevailed  in  the  times  of  the  fathers. 


CANONS   OF   CONSTANTINOPLE.  I3 

Canon  3.     The  bishop  of  Constantinople  to  have  priority  next  after  the  bishop  of 

Rome. 

Next  to  the  bishop  of  Rome,   the  bishop  of  Constantinople  shall 
have  highest  rank,  because  Constantinople  is  New  Rome. 


Canon  4,     Against  Maximus,  the  pretender  to  the  see  of  Constantinople. 

As  to  Maximus  the  Cynic  and  the  disorder  in  Constantinople  occa* 
sioned  by  him,  [be  it  known  that]  Maximus  never  really  became  bishop, 
and  is  not  one  now,  neither  are  those  who  have  been  ordained  by  him, 
whatever  their  rank  in  the  clergy,  really  ordained,  since  all  things  per- 
formed upon  him  [i.  e.  his  ordination  as  bishop]  and  by  him  are  pro- 
nounced invalid. 

Canon  5.     [A.  D.  382?]     On  reception  of  Antiochenes  professing  the  true  faith. 

Concerning  the  *'  tome  of  the  western  [Christians"],  we  also  have 
recognized  all  Antiochians  as  orthodox  who  acknowledge  the  oneness  of 
the  Godhead  of  the  Father,  the  Son,  and  the  Holy  Ghost. 

Canon  6.     [A.  D,  382?]     On  accusations  against  bishops. 

Inasmuch  as  many,  to  disturb  and  subvert  the  order  of  the  church, 
maliciously  and  falsely  invent  charges  against  the  orthodox  bishops  of 
the  church,  for  no  reason  but  to  injure  the  reputation  of  the  priests  and 
introduce  trouble  among  the  peaceable  people,  the  holy  Synod  assem- 
bled at  Constantinople  decrees  that  in  future  no  accuser  shall  be  ad- 
mitted without  examination ;  that  neither  all  shall  be  permitted  nor  all 
forbidden  to  make  charges  against  the  rulers  of  the  church.  But,  in 
case  of  a  private  charge  against  the  bishop,  as  of  fraud  or  any  other  in- 
justice, no  examination  shall  be  made  as  to  the  person  or  the  religion  of 
the  accuser ;  for  the  conscience  of  the  bishop  should  be  clear,  and  he 
who  alleges  injustice,  whatever  his  religion,  should  receive  his  just  dues. 
But  if  the  complaint  against  the  bishop  is  of  an  ecclesiastical  nature,  then 
the  persons  of  the  accusers  must  be  considered,  in  order  first,  that  here- 
tics may  not  be  allowed  to  bring  charges  concerning  ecclesiastical  matters 
against  the  orthodox  bishops.  By  heretics  are  meant  both  those  for- 
merly shut  out  from  the  church,  and  those  afterward  anathematized  by 
us.  In  addition  to  these,  also  those  who  indeed  profess  to  hold  the  sound 
faith,  but  who  have  separated  themselves  and  hold  meetings  in  opposi. 


14  TRANSLATIONS   AND   REPRINTS. 

tion  to  our  canonical  bishops.  Again,  members  of  the  church  who  have 
been  for  any  cause  condemned  and  excommunicated,  or  have  been  de- 
prived of  communion,  whether  clerg)^  or  laity,  shall  not  be  allowed  to 
accuse  a  bishop  until  they  have  first  cleared  themselves  of  the  charge 
against  them.  In  like  manner,  those  under  accusation  may  not  accuse 
a  bishop,  or  any  of  the  clergy,  until  they  have  shown  themselves  inno- 
cent of  the  charges  against  them.  If,  however,  persons  other  than 
heretics,  excommunicated,  condemned  or  accused,  bring  a  charge  on 
ecclesiastical  matters  against  the  bishop,  the  holy  Synod  orders  that  such 
shall  first  bring  their  complaints  before  the  assembled  bishops  of  the 
province,  and  before  them  prove  their  charges.  Then  if  the  bishops  of 
the  province  are  not  in  position  to  punish  the  bishop  for  the  offences 
charged,  the  accusers  shall  carry  it  over  to  a  greater  synod  of  the  bishops 
of  the  diocese,  called  for  the  purpose,  and  they  shall  not  make  the  com- 
plaint before  they  have  in  writing  promised  to  undergo  the  same  punish- 
ment [as  would  the  bishop  if  guilty],  in  case  they  are  proved  on  ex- 
amination to  have  falsely  accused  him.  If,  ignoring  these  clear  direc- 
tions, anyone  should  presume  to  assail  the  ear  of  the  emperor,  or  the 
secular  courts,  or  an  ecumenical  council  and  so  show  disrespect  to 
the  bishops  of  his  diocese,  his  charge  shall  most  certainly  not  be  re- 
ceived ;  because  he  has  shown  contempt  for  the  canons  and  violated  the 
order  of  the  church. 


Canon  7.     [Spurious.     On  the  mode  of  receiving  converts  from  heresy.] 

Those  who  come  over  to  orthodoxy  and  from  heretics  to  the  number 
of  the  saved,  we  receive  in  the  following  prescribed  manner.  Arians, 
Macedonians,  Sabbatians,  Novatians  [who  call  themselves  Katharoi  and 
Aristeroi],  Quartodecimans  or  Tetradites,  and  Apollinarians,  we  re- 
ceive after  they  have  presented  written  petitions  and  have  anathematized 
every  heresy  not  agreeing  with  the  holy  catholic  and  apostolic  church 
of  God.  First,  they  are  sealed  or  anointed  with  the  holy  oil  on  the  fore- 
head, the  eyes,  nostrils,  mouth  and  ears ;  and  as  we  seal  them  we  say, 
"The  seal  of  the  gift  of  the  Holy  Spirit."  But  Eunomians,  who  only 
baptize  with  one  immersion,  Montanists,  here  called  Phrygians,  Sa- 
'oellians,  who  teach  the  identity  of  the  Father  and  the  Son  and  make 
some  other  grievous  errors,  and  ail  other  heretics  [since  there  are  many 
here,  especially  from  Galatia] — all  wishing  to  come  from  these  to  or- 
thodoxy, we  receive  as  we  do  pagans.     The  first  day  we  make  them 


CANONS   OF   EPHEStrS.  I5 

Christians,  the  second  catechumens,  the  third  day  we  exorcise  them  after 
three  times  breathing  on  the  forehead  and  on  the  ears.  And  so  we  give 
them  instruction  and  make  them  attend  church  for  a  long  period  and 
listen  to  the  Scriptures,  and  then  we  baptize  them. 


III.  THE  CANONS  OF  THE  THIRD  GENERAL  COUNCIL, 
HELD  AT  EPHESUS,  A.  D.  431. 

I.      SUBJECTS    OF   THE   CANONS. 

1.  Against  metropolitans  joining  the  rival  council,  or  the  Pela- 
gian  party. 

2.  Against  bishops  adhering  to,  or  going  over  to  the  rival  council. 

3.  In  favor  of  orthodox  clerics  deposed  by  Nestorian  party,  or  be- 
longing to  dioceses  of  Nestorianizing  bishops. 

4.  Against  clerics  adopting  Nestorianism  or  Pelegianism. 

5.  Against  clerics  deposed  for  misconduct  and  uncanonically  re* 
stored  by  Nestorius. 

6.  Against  all  who  resist  decrees  of  the  council.  • 

7.  No  new  creed  to  be  composed  or  presented  to  converts. 

8.  Church  of  Cyprus,  and  all  churches  to  retain  existing  rights. 

2.    CANONS   OF   THE   COUNCIL   OF   EPHESUS. 

Canon  i.     Against  metropolitans  joining  the  rival  council,  or  the  Pelagian  party. 

Inasmuch  as  those  who  were  for  any  cause  absent  from  the  holy 
synod  should  not  be  ignorant  of  the  affairs  there  transacted  concerning 
them,  be  it  known  to  your  holiness  and  love  that  if  a  metropolitan  of  the 
province  has  turned  from  this  holy  ecumenical  Synod  and  joined  the 
ranks  of  the  apostate,  or  shall  afterward  join  them  ;  or  has  accepted  the 
beliefs  of  Coelestius  [i.  e.  the  Pelagians]  or  shall  accept  them,  he  has 
no  longer  any  jurisdiction  over  the  bishops  of  the  province,  and  is  already 
excluded  from  all  church  fellowship  by  the  Synod,  and  without  power  ; 
but  it  is  also  the  duty  of  the  bishops  of  the  province  and  the  neighbor- 
ing orthodox  metropolitans  to  remove  him  entirely  from  the  rank  of  the 
episcopate. 


1 6  TRANSLATIONS   AND   REPRINTS. 

Canon  2.     Against  bishops  adhering  to,  or  going  over  to  the  rival  council. 

If  any  of  the  provincial  bishops  did  not  attend  the  holy  Synod,  but 
went  over  to  the  apostates,  or  attempted  to  go  over ;  or  if  they  subscribed 
to  the  deposition  of  Nestorius  and  then  afterward  went  over  to  the  ranks 
of  the  apostate ;  these  shall  be  entirely  deposed  from  the  priesthood  and 
stripped  of  their  office. 

Canon  3.     In  favor  of  orthodox  clerics  deposed  by  Nestorian  party,  or  belonging 
to  dioceses  of  Nestorianizing  bishops. 

If  any  of  the  clergy,  in  city  or  country,  have,  owing  to  their  or- 
thodox faith,  been  rejected  from  the  priesthood  by  Nestorius  and  his 
party,  they  shall  resume  their  office ;  and,  in  general,  the  clergy  who 
agree  with  the  orthodox  and  ecumenical  Synod  are  enjoined  not  to 
submit  in  any  respect  to  apostate  or  apostatizing  bishops. 

Canon  4.     Against  clerics  adopting  Nestorianism  or  Pelagianism. 

If  any  of  the  clergy  shall  apostatize  and  presume  publicly  or  pri- 
vately to  adhere  to  Nestorius  or  Coelestius,  they  shall  be  deposed  from 
their  rank  by  the  holy  Synod. 

Canon  5.     Against  clerics  deposed  for  misconduct  and  uncanonically  restored  by 

Nestorius. 

Those  who  for  improper  actions  have  been  condemned  by  the  holy 
Synod  or  by  their  own  bishops,  and  whom  Nestorius  and  his  party  in 
their  usual  lax  fashion  have  afterwards  attempted  to  restore  to  fellow- 
ship or  rank,  or  shall  attempt  to  restore,  shall  remain  unbenefited  there- 
by and  unrestored  to  rank. 

Canon  6.     Against  all  who  resist  decrees  of  the  Council. 

Now  in  general,  if  any  presume  in  any  way  to  resist  any  of  the 
enactments  of  the  holy  Synod  at  Ephesus,  the  holy  Synod  decrees  that 
they  shall  be  utterly  deprived  of  their  office,  if  they  be  bishops  or  other 
clerics;  and  if  laymen,  they  shall  be  excommunicated. 

The  decree  of  the  holy  Synod  pronounced  after  reading  first  the 
creed  of  the  three  hundred  and  eighteen  holy  and  blessed  fathers  at 
Niccea  and  then  the  impious  and  false  creed  written  by  Theodore  of 
Mopssuestia,  which  latter  was  exposed  in  the  holy  Synod  at  Ephesus  by 
Charisios  pres})yter  of  Philadelphia. 


CANONS   OF   EPHESUS.  1 7 

Canon  7.     No  new  creed  to  be  composed  or  presented  to  converts. 

These  things  having  been  read  the  holy  Synod  decreed  that  it  was 
not  permitted  to  any  one  to  recite,  or  to  compose,  or  to  proffer  any  other 
creed  than  that  appointed  by  the  holy  fathers  under  the  guidance  of  the 
Holy  Spirit  in  the  city  of  Nicsea. 

Moreover,  those  who  shall  dare  to  compose,  or  to  bring  forward, 
or  to  proffer  another  creed  to  such  as  are  willing  to  turn  to  a  knowledge 
of  the  truth,  whether  from  among  the  Greeks,  or  the  Jews,  or  any  heresy 
whatsoever,  these  shall  be  deposed,  if  they  are  bishops  or  clerics ;  the 
bishops  from  their  bishoprics,  the  clerics  from  the  clericate ;  if  laymen, 
they  shall  be  anathematized.  In  like  manner,  if  any  individuals, 
whether  bishops,  clerics  or  laymen,  shall  be  detected  thinking  or  teach- 
ing those  things  contained  in  the  creed  exposed  by  Charisios,  the  pres- 
byter, concerning  the  only  begotten  Son  of  God,  or  those  wicked  and 
perverted  doctrines  of  Nestorius,  they  shall  be  subject  to  the  decree  of 
this  holy  and  ecumenical  Synod.  It  is  accordingly  clear  that  the 
bishop  is  to  be  dismissed  from  the  episcopate,  and  degraded.  And  the 
cleric  likewise  is  to  be  cut  off  from  the  clericate.  But  if  the  person  be  a 
layman,  let  him  be  anathematized  in  accordance  with  what  has  been  said. 

Vote  of  this  holy  Synod  given  upon  the  appeal  made  to  it  by  the 
bishops  of  Cyprus. 

Canon  8.     Church  of  Cyprus,  and  all  churches  to  retain  existing  rights. 

A  matter  not  covered  by  the  ecclesiastical  laws  and  the  canons  of 
the  holy  apostles,  and  affecting  the  liberty  of  all,  has  been  brought  be- 
fore us  by  our  fellow  bishop,  Rheginus,  beloved  of  God,  together  with 
Zeno  and  Evagrius,  beloved  of  God,  bishops  of  the  province  of  Cyprus. 
Wherefore,  as  ordinary  ailments  need  strong  medicines,  and  serious 
troubles  result  in  real  harm,  and  the  worst  diseases  are  fatal,  if  their 
course  is  not  at  once  stayed,  so  the  bishop  of  the  city  of  Antioch,  having 
performed  ordinations  in  Cyprus,  the  devout  men  composing  the  holy 
Synod  accordingly  declare  in  response  to  petitions  and  personal  requests, 
that  the  representatives  of  the  holy  churches  of  Cyprus  have  the  in- 
disputable and  inviolable  right,  in  accordance  with  the  canons  of  the 
holy  fathers  and  ancient  custom,  to  themselves  ordain  their  own  most 
pious  bishops.  Moreover,  the  same  rights  shall  be  preserved  to  other 
dioceses  and  to  all  other  provinces  everywhere,  so  that  no  one  of  our 
bishops,  beloved  of  God,  may  invade  another  province,  which  has  not 


1 8  TRANSLATIONS   AND   REPRINTS. 

previously  and  even  from  the  beginning  been  under  his  care  or  that  of* 
his  predecessors.  But  if  any  one  shall  occupy  or  take  a  diocese  by  his 
own  power,  it  shall  be  surrendered ;  in  order  that  the  statutes  of  the 
fathers  may  not  be  broken,  lest  the  arrogance  of  worldly  power  creep 
into  the  sacred  functions,  lest  we  in  our  ignorance  utterly  destroy  the 
liberty,  which  our  Lord  Jesus  Christ,  the  Redeemer  of  all  men,  pur- 
chased for  us  by  his  own  blood.  It  is  therefore  agreeable  to  this  holy 
and  ecumenical  Synod  that  the  rights  of  each  province,  possessed  from 
the  beginning,  shall  be  preserved  pure  and  inviolate,  so  that  each 
metropolitan,  having  obtained  his  functions  in  a  proper  manner  may 
exercise  his  office  in  security.  Now  if  any  one  shall  bring  forward  a 
decision  contrary  to  these  ordinances,  it  is  clear  to  this  holy  and  ecu- 
menical Synod  that  the  same  is  without  force. 


IV.     DEFINITION  OF  FAITH  AND  CANONS  OF 

THE  FOURTH  CENERAL  COUNCIL  OF 

CHALCEDON,  A.  D.  451. 

I.      DEFINITION  OF  THE  FAITH  BY  THE  COUNCIL  OF  CHALCEDON. 

The  holy  and  great  and  ecumenical  Synod,  which  by  the  grace  of 
God  and  the  decree  of  our  most  pious  and  Christian  Emperors,  Marcian 
and  Valentinian,  is  convened  in  the  metropolis  Chalcedon  of  the  pro- 
vince of  Bythinia,  in  the  chapel  of  the  holy  and  pure  martyr  Euphemia, 
has  defined  as  follows : 

Our  Lord  and  Savior  Jesus  Christ,  when  confirming  the  faith  in 
his  disciples,  declared :  '  Peace  I  leave  with  you :  my  peace  I  give  unto 
you,'  so  that  no  one  might  be  in  disagreement  with  his  neighbor  con- 
cerning the  doctrines  of  religion,  but  that  the  preaching  of  the  truth 
might  be  made  known  to  all  alike.  Inasmuch,  however,  as  the  evil  one 
ceases  not  by  his  tares  to  choke  out  the  seeds  of  religion,  and  is  ever  de- 
vising something  new  in  opposition  to  the  truth,  God  has  therefore,  in 
his  care  for  the  human  race,  stirred  up  zeal  in  this  pious  and  orthodox 
Emperor  to  call  together  unto  himself  the  heads  of  the  priesthood,  so 
that  the  grace  of  Christ,  the  Lord  of  us  all,  being  operative,  every 
plague  of  falsehood  may  be  removed  from  the  sheep  of  Christ  and  they 
may  be  nourished  with  tender  plants  of  truth.     This  we  have  accord- 


DEFINITION    OF   FAITH.  I9 

ingly  done,  since  we  have  expelled  by  our  common  judgment  the  doc- 
trines of  error,  have  renewed  the  right  faith  of  the  fathers,  have  pro- 
claimed the  creed  of  the  318  to  all,  and  have  subscribed  to  that  state- 
ment of  religion  adopted  by  those  fathers  who  afterward  gathered  in  the 
great  city  of  Constantinople,  a  hundred  and  fifty  strong ;  this  faith  we 
ourselves  ratify.  While  guarding  the  order  and  form  of  faith  every- 
where current  and  ourselves  receiving  the  regulations  of  the  earlier  holy 
Ephesian  Synod,  of  which  Coelestine  of  Rome  and  Cyril  of  Alexandria, 
sainted  to  memory,  were  the  guides,  we  declare  that  the  confession  of 
the  318  holy  and  blessed  fathers  who  gathered  under  the  Emperor  Con- 
stantine,  of  sainted  memory,  is  a  light  to  the  right  and  unblemished 
faith;  and  affirm  that  that  is  also  valid  which  was  decreed  by  the  150 
holy  fathers  in  Constantinople  in  repudiation  of  those  engendering 
heresy,  and  for  the  confirmation  of  our  own  catholic  and  apostolic  faith. 
[Here  follow  the  Creeds  of  Nicsea  and  Constantinople.]  This  wise  and 
wholesome  symbol  of  divine  grace  should  indeed  suffice  for  a  complete 
knowledge  and  confirmation  of  religion,  since  it  teaches  the  finalities 
concerning  the  Father  and  the  Son  and  the  Holy  Spirit,  and  ofl?ers  the 
incarnation  of  the  Lord  to  those  who  receive  it  in  faith.  As,  however, 
those  w^ho  attempt  to  do  away  with  the  preaching  of  the  truth  have  de- 
vised vain  expressions  through  their  own  heresies,  daring  indeed  to 
destroy  the  mystery  of  the  dispensation  [incarnation]  of  our  Lord,  and 
rejecting  the  designation  "God-bearer"  as  applied  to  the  Virgin ;  more- 
over, introducing  an  inter-mixture  and  fusion  [of  natures],  imagining 
without  reason  that  there  is  only  one  nature  of  the  flesh  and  the  God- 
head, and  rashly  maintaining  that  the  divine  nature  of  the  Only-begotten 
through  the  mixture  became  passible.  Wherefore,  desiring  to  exclude 
every  machination  against  the  truth,  the  present  holy,  great  and  ecu- 
menical Synod,  teaching  afresh  the  stability  of  the  proclamation,  decrees 
in  the  first  place  that  the  faith  of  the  318  holy  fathers  shall  remain  in- 
violate, and  also  that  the  doctrine  concerning  the  essence  of  the  Holy 
Spirit,  afterwards  promulgated  by  the  150  holy  fathers  gathered  in  the 
royal  city  in  opposition  to  the  Pneumatomachi,  shall  have  equal  validity. 
This  they  made  known  to  all,  not  as  though  supplying  any  deficiency  in 
preceeding  deliverances,  but  in  order  to  make  known  in  writing  their 
deep  conviction  concerning  the  Holy  Spirit  in  opposition  to  such  as  seek 
to  set  aside  his  glory.  On  account  of  those,  however,  who  attempted  to 
destroy  the  mystery  of  the  dispensation  [incarnation],  and  shamelessly 
spoke  of  him  who  was  born  of  the  holy  Mary  as  a  mere  man,  the  Synod 


20  TRANSLATIONS    AND    REPRINTS. 

has  accepted  as  valid  the  synodal  letters  of  the  blessed  Cyril,  pastor  of 
the  church  of  Alexandria,  to  Nestorius  and  to  the  orientals  in  refuta- 
tion of  the  blasphemies  of  Nestorius,  and  as  expressive  of  the  deep  con- 
viction of  those  seeking  with  holy  zeal  to  preserve  the  redemptive  symbol ; 
and  it  has  added  to  them  the  letter  of  the  president  of  the  great  and  an- 
cient church  of  Kome,  the  blessed  and  holy  archbishop  Leo,  written  to 
the  sainted  archbishop  Flavian  for  the  overthrow  of  the  errors  of  Euty- 
ches,  as  agreeing  with  the  doctrine  of  the  great  Peter,  and  as  a  firm 
pillar  against  all  heretics,  for  the  proper  confirmation  of  the  orthodox 
dogmas.  The  Synod  opposes  those  who  attempt  to  sever  the  sacred 
mystery  of  the  dispensation  [incarnation]  into  a  duality  of  sons ;  and  it 
excludes  from  the  sacred  fellowship  those  who  dare  to  speak  of  the  God- 
head of  the  Only-begotten  as  passible,  and  withstands  those  who  imagine, 
in  regard  to  Christ's  two  natures,  a  commixture  or  fusion,  and  expels 
those  who  foolishly  affirm  that  the  'form  of  a  servant'  which  Christ  as- 
sumed from  us  was  of  a  heavenly  or  any  other  [non-human]  essence ; 
and  it  anathematizes  those  who  fable  that  there  were  two  natures  of  the 
Lord  before  the  union,  but  make  out  that  there  was  only  one  after  the 
union.  Following  therefore  the  holy  fathers,  we  all  unanimously  in- 
struct men  to  confess  one  and  the  same  Son,  our  Lord  Jesus  Christ,  the 
same  perfect  in  Godhead,  the  same  perfect  in  manhood ;  truly  God  and 
truly  man ;  the  same  of  a  reasonable  soul  and  a  body,  coessential  with 
the  Father  according  to  the  Godhead,  the  same  also  coessential  with  us 
according  to  the  manhood,  *  in  all  points  like  unto  us,  apart  from  sin ;' 
before  the  ages  begotten  of  the  Father  according  to  the  Godhead,  and  in 
the  last  days,  for  us  and  for  our  salvation,  the  same  [was  born]  of  Mary 
the  Virgin,  the  Mother  of  God,  according  to  the  manhood  ;  one  and  the 
same  Christ,  Son,  Lord,  Only-begotten :  acknowledged  as  in  two  natures, 
without  amalgamation,  without  change,  without  division,  without  sever- 
ance. The  difference  of  the  nature  has  not  only  not  been  destroyed  by 
reason  of  the  union,  but  rather  the  peculiarity  of  each  nature  has  been 
preserved,  combining  indeed  into  one  person  and  one  hypostasis  ;  not  as 
though  divided  or  separated  into  two  persons,  but  as  one  and  the  same 
Son  and  Only-begotten  God-Logos,  the  Lord  Jesus  Christ.  Just  as  the 
prophets  announced  him  and  he  himself,  the  Lord  Jesus  Christ,  taught 
us,  and  the  creed  of  the  fathers  has  handed  down  to  us.  These  things 
therefore  having  been  defined  by  us  with  all  possible  exactness  and 
care,  the  holy  ecumenical  Synod  has  decreed,  that  none  shall  advance, 
or  write,  or  compose,  or  think,  or  teach  others  another  creed ;  and  those 


SUBJECTS   OF   CANONS   OF   CHALCEDON.  21 

daring  to  compose,  or  bring  forward,  or  teach,  or  give  another  symbol 
to  such  as  desire  to  turn  from  Hellenism,  or  Judaism,  or  any  heresy 
whatsoever  to  a  knowledge  of  the  truth,  they,  if  they  be  bishops  or 
clerics,  shall  be  deposed,  the  bishops  from  their  bishoprics,  the  clerics 
from  the  clericate ;  but  if  they  be  monks  or  laymen,  they  shall  be  ex- 
communicated. Upon  the  reading  of  the  decree  all  the  bishops  were 
delighted  and  exclaimed:  'This  is  the  faith  of  the  fathers!  The 
metropolitans  must  now  subscribe  while  the  imperial  commissioners  are 
here ;  definitions  so  good  can  allow  of  no  delay  ;  this  is  the  faith  of  the 
apostles,  we  all  agree  to  it,  we  all  think  thus !'  The  august  and  glorious 
commissioners  said:  'These  things  having  been  defined  by  the  holy 
fathers,  and  being  agreeable  to  all,  shall  now  go  to  his  divine  majesty, 
the  Emperor. 


2.       SUBJECTS   OF   THE    CANONS. 

1.  Preceding  canons  ratified. 

2.  Against  simoniacal  ordinations. 

3.  Clerics  not  to  undertake  secular  business. 

4.  Against  disorderly  conduct  in  monks. 

5.  Bishops  and  clerics  not  to  migrate. 

6.  None  to  be  ordained  without  a  title. 

7.  Clerics  and  monks  to  hold  no  secular  office. 

8.  Clergy  of  monasteries,  etc.,  to  be  subject  to  their  bishops. 

9.  On  the  prosecution  of  causes  by  clerics  or  bishops. 

10.  Against  pluralities. 

11.  Letters  of  peace  to  be  furnished  to  needy  travellers. 

12.  No  new  'metropolis'  to  be  erected  by  civil  authority. 

13.  Foreign  clerics  to  produce  letters  commendatory. 

14.  On  the  marriage  of  readers  and  singers. 

15.  On  deaconesses. 

16.  No  monk  or  dedicated  virgin  to  marry. 

17.  On  questions  as  to  diocesan  limits. 

18.  Against  conspiracies  of  clerics  or  monks. 

19.  Provincial  synods  to  meet  regularly. 

20.  On  accusations  of  bishops  or  clerics. 

22.  A  bishop's  property  not  to  be  taken  away  at  his  death. 

23.  Clerics  and  monks  not  to  make  a  disorderly  stay  in  Con- 
stantinople. 


22  TRANSLATIONS   AND    REPRINTS. 

24.  Monasteries  not  be  secularised. 

25.  Consecrations  of  bishops  not  to  be  delayed. 

26.  All  bishops  to  have  stewards  of  church  property. 

27.  Against  seizure  of  women  under  pretext  of  marriage. 

28.  On  the  dignity  and  powers  of  the  see  of  Constantinople. 
[2y.  Bishops  not  to  be  degraded  to  the  order  of  presbyters.] 
[30.     On  the  case  of  the  Egyptian  bishops.] 


CANONS   OF   THE   COUNCIL    OF    CHALCEDON. 


Canon  i.     Preceding  canons  ratified. 

We  have  judged  it  proper  that  the  canons,  promulgated  by  the  holy 
fathers  in  each  Synod  until  the  present,  remain  in  force. 


Canon  2.     Against  simoniacal  ordinations. 

If  any  bishop  shall  hold  an  ordination  for  money,  and  shall  put  on 
sale  that  grace  which  is  not  to  be  sold ;  if  then,  he  ordain  for  money  a 
bishop,  or  chorepiscopos  [rural  bishop],  or  presbyter,  or  deacon,  or  any 
man  who  is  numbered  among  the  clergy,  or  if  he  shall  appoint  for 
money  a  steward,  or  advocate  [defensor],  or  sacristan  [?],  or  in  short 
any  one  enrolled  upon  the  canon,  on  account  of  his  own  love  of  sordid 
gain : — the  bishop  who  is  convicted  of  attempting  such  a  thing  will  im- 
peril his  own  clerical  position ;  and  the  person  ordained  shall  derive  no 
advantage  from  the  ordination  or  appointment  thus  venially  obtained, 
but  must  be  removed  from  the  dignity,  or  office  which  he  has  acquired 
for  money.  And  further,  if  any  man  is  plainly  seen  to  be  a  third  party 
to  bargains  so  shameful  and  nefarious,  he  also  must  be  deposed  from  his 
own  rank,  if  he  is  a  cleric,  and  if  a  layman,  or  monk,  he  must  be 
anathematized. 


Canon  3.     Clerics  not  to  undertake  secular  business. 

It  has  come  to  the  holy  Synod  that  certain  men  who  are  registered 
among  the  clergy  become,  through  their  own  love  of  base  gain,  farmers 
of  other  men's  estates,  and  contract  for  managing  worldly  affiiirs,  thus 


CANONS    OF    CHALCEDCN.  23 

becoming  remiss  in  the  service  of  God ;  that  they  also  insinuate  them- 
selves into  the  houses  of  worldly  persons,  and  in  covetousuess  accept  the 
management  of  their  property :  therefore  the  holy  and  great  Synod  has 
decreed  that  in  future  no  hishop,  or  cleric,  or  monk  shall  either  farm 
estates,  or  administer  property,  or  intrude  himself  into  secular  adminis- 
trations, except  when  he  is  legally  compelled  to  assume  the  guardian- 
ship of  minors,  or  is  entrusted  by  the  bishop  with  the  care  of  ecclesi- 
astical business,  or  of  orphans,  or  of  widows  not  otherwise  provided  for, 
and  in  general  of  persons  who  most  need  help  from  the  church,  on  ac- 
count of  the  fear  of  the  Lord.  Now  if  any  one  in  future  attempts  to 
transgress  these  decrees,  he  shall  incur  the  ecclesiastical  penalties. 


Canon  4.     Against  disorderly  conduct  in  monks. 

Those  who  truly  and  unfeignedly  follow^  the  monastic  life  should  be 
deemed  worthy  of  fitting  honor.  But  inasmuch  as  certain  men  assume 
the  monastic  state  as  a  pretext  and  disturb  the  churches  and  the  affairs 
of  state,  wandering  about  the  cities  heedlessly,  and,  not  content  with  that, 
even  undertaking  to  found  monasteries  of  their  own,  it  is  hereby  decreed 
that  no  one  shall  anywhere  build  or  found  a  monastery,  or  oratory, 
against  the  will  of  the  bishop  of  the  city ;  also,  that  the  monks  in  each 
city  and  rural  district  be  in  subjection  to  the  bishops,  and  cling  to  a 
quiet  life  and  attend  to  fasting  and  prayer  only,  continuing  in  the  places 
where  they  renounced  [the  world].  Nor  may  they  annoyingly  intrude 
into  the  affairs  of  the  church,  or  of  this  life,  or  have  anything  to  do  with 
them,  leaving  their  own  monasteries  [in  order  to  do  so],  unless  they  be 
permitted  by  the  bishop  of  the  city  for  some  necessary  reason ;  and  they 
may  not  receive  into  their  monasteries  a  slave  who  wishes  to  lead  a 
monastic  life  contrary  to  the  will  of  his  own  master.  And  they  who 
transgress  this  ordinance,  we  have  decreed  to  be  excommunicated,  that 
the  name  of  God  be  not  blasphemed.  The  bishop  of  the  city,  then,  ought 
to  make  requisite  provision  for  the  monasteries. 


Canon  5.     Bishops  and  clerics  not  to  migrate. 

With  regard  to  bishops  or  clerics  who  remove  from  city  to  city,  it 
has  seemed  best  that  the  canons  enacted  by  the  holy  fathers,  which 
apply  to  their  case,  shall  retain  their  original  force. 


24  TRANSLATIONS   AND   REPRINTS. 

Canon  6.     None  to  be  ordained  without  a  title. 

]Jfo  one  shall  be  ordained  at  large,  eithtr  to  the  presbyterate,  or 
diaconate,  or  to  any  place  in  the  ecclesiastical  order  whatsoever :  on  the 
contrary  the  person  ordained  must  be  particularly  designated  to  some 
church  in  city,  or  village,  or  to  some  oratory  [martyr's  chapel],  or 
monastery.  Such  ordination  at  large,  then,  the  holy  Synod  has  decreed 
to  be  null  and  nowhere  operative,  to  the  disgrace  of  the  ordainer. 

Canon  7.     Clerics  and  monks  to  hold  no  secular  office. 

We  have  decreed  that  those  who  have  been  once  registered  among 
the  clergy,  or  who  have  become  monks,  must  enter  upon  neither  public 
ser^^ce  nor  any  other  secular  calling  ;  or  if  they  have  the  temerity  to  do 
so,  and  do  not  penitently  return  to  that  life  which  they  formerly  chose 
for  God's  sake,  they  are  to  be  anathematized. 

Canon  8.     Clergy  of  monasteries,  etc.,  to  be  subject  to  their  bishops. 

In  accordance  with  the  tradition  of  the  holy  fathers,  the  clerics  in 
almshouses,  monasteries,  and  martyries  must  remain  under  the  jurisdic- 
tion of  the  bishop  of  the  city  where  they  live,  and  must  not  in  self-will 
grow  restive  under  the  authority  of  their  own  bishop.  And  those  who 
dare  to  violate  this  statute  in  any  way  whatsoever,  and  do  not  subject 
themselves  to  their  own  bishop,  must,  if  they  are  clerics,  incur  canonical 
penalties,  or  if  monks  or  laymen,  be  excommunicated. 

Canon  9.     On  the  prosecution  of  causes  by  clerics  or  bishops. 

If  a  cleric  has  a  matter  against  another  cleric,  he  must  not  leave 
his  own  bishop  and  run  away  to  secular  tribunals;  but  he  must  first 
lay  the  charge  before  his  own  bishop,  or,  with  the  bishop's  own  consent, 
before  those  whom  both  parties  are  willing  to  make  arbiters  of  the 
matter  in  dispute.  Now  if  any  man  does  otherwise  in  such  a  case,  he 
shall  incur  canonical  penalties.  And  if  any  cleric  has  a  matter  against 
his  own,  or  another  bishop,  the  case  must  be  tried  in  the  provincial 
synod ;  but  if  a  bishop  or  cleric  has  a  dispute  with  the  metropolitan  of 
the  same  province,  he  must  go  to  the  exarch  of  the  dioecesis  [the  superior 
metropolitan],  or  to  the  see  of  the  imperial  city,  Constantinople,  and 
have  the  case  there  adjudicated. 


CANONS    OF    CHALCEDCN.  25 

Canon  io.     Against  pluralities. 

A  cleric  is  not  periiiitte-d  to  be  registered  in  two  cities  at  once,  viz: 
in  the  church  in  which  he  was  originally  ordained,  and  in  that  to  which, 
through  love  of  empty  glory,  he  has  fled,  presumably  because  it  is 
larger ;  and  those  who  have  done  this  thing,  must  be  restored  to  their 
own  church  in  which  they  were  ordained  at  the  first,  and  must  there 
minister.  If,  however,  a  man  has  really  been  transferred  from  one 
church  to  another,  he  must  have  nothing  more  to  do  with  the  affairs  of 
the  former  church,  or  with  the  martyries,  or  almshouses,  or  hospices 
under  its  jurisdiction.  The  holy  Synod  has  therefore  decreed,  that 
tJiose  who  are  so  bold  as  to  do  anything  thus  forbidden,  after  the  pub- 
lication of  the  ordinance  of  this  great  and  ecumenical  Synod,  must  be 
deposed  from  their  rank. 

Canon  ii.     Letters  of  peace  to  be  furnished  to  needy  travellers. 

We  have  decreed  that  all  poor  persons,  and  such  as  need  assistance, 
shall  after  an  examination  travel  with  ecclesiastical  letters  of  peace 
simply,  and  not  with  letters  of  commendation ;  because  it  is  seemly  that 
commendatory  letters  should  be  granted  only  to  person.s  held  in  high 
esteem. 

Canon  12.     No  new  'metropolis'  to  be  erected  by  civil  authority. 

It  has  come  to  our  notice  that  some,  in  defiance  of  ecclesiastical 
enactments,  have  made  applications  to  the  government  and,  with  the 
authority  of  pragmatic  letters,  have  divided  one  province  into  two,  in 
this  way  constituting  two  metropolitans  in  the  same  province.  The  holy 
Synod  has  therefore  decreed,  that  in  future  no  bishop  be  so  bold  as  to 
do  this,  for  any  one  who  attempts  it  must  be  degraded  from  the  position 
which  he  holds ;  and  all  the  cities,  which,  by  imperial  edicts  have  been 
honored  with  the  name  of  "metropolis,"  may  enjoy  the  honorary  title 
only,  as  also  their  ruling  bishops.  The  peculiar  right  of  the  real 
metropolis  must  of  course  be  conserved. 

Canon  13.     Foreign  clerics  to  produce  letters  commendatory. 

Foreign  clerics  and  leaders  must  not,  by  any  means,  be  allowed  to 
officiate  anywhere  in  another  city  without  the  authorization  of  com- 
mendatory letters  from  their  own  bishop. 


26  TRANSLATIONS   AND   REPRINTS. 

Canon  14.     On  the  marriage  of  readers  and  singers. 

Inasmuch  as  in  certain  provinces  readers  and  singers  are  permitted 
to  marry,  the  holy  Synod  has  decreed  that  at  least  no  one  shall  be 
allowed  to  take  a  heterodox  wife.  And  those  who  have  already  be- 
gotten children  of  such  a  marriage,  must  bring  their  offspring  into  the 
communion  of  the  catholic  church,  if  they  had  previously  caused  them 
to  be  baptized  among  the  heretics ;  if,  however,  their  children  have  not 
been  thus  baptized,  they  may  not  henceforth  have  them  baptized  among 
the  heretics,  nor  unite  them  in  marriage  to  a  heretic,  or  a  Jew,  or  a 
pagan,  unless  indeed  the  person  joined  to  the  orthodox  spouse  promises 
to  turn  to  the  orthodox  faith,  Now  if  any  one  transgresses  this  ordi- 
nance of  the  holy  Synod,  he  shall  incur  canonical  discipline. 

Canon.  15.     On  deaconesses. 

A  woman  may  not  be  ordained  a  deaconess  before  forty  years  of 
age,  and  then  only  after  thorough  scrutiny.  If,  then,  after  receiving 
ordination,  and  remaining  at  her  duty  for  some  time,  she  entangle  her- 
self in  marriage,  thus  doing  despite  unto  the  grace  of  God,  she  must  be 
anathematized,  and  her  husband  along  with  her. 

Canon  16.  No  monk  or  dedicated  virgin  to  marry. 
A  virgin  who  has  consecrated  herself  to  the  Lord  God,  and  like- 
wise also  monks,  are  not  permitted  to  enter  into  the  marriage  relation : 
and  if  any  be  found  so  doing,  they  must  be  excommunicated.  Yet  we 
have  decreed  that  the  bishop  of  the  place  has  authority  to  use  clemency 
in  their  case. 

Canon  17.     On  questions  as  to  diocesan  limits. 

The  rural  or  country  parishes  in  each  church  should  remain  un- 
disturbed under  the  authority  of  the  bishop  who  holds  them,  especially 
if  he  has  ruled  them  in  peaceable  possession  for  the  space  of  thirty  years. 
But  if,  within  the  thirty  years,  a  dispute  about  them  has  arisen,  he  who 
says  he  is  wronged  is  permitted  to  bring  the  matter  before  the  provin- 
cial synod.  But  if  a  man  is  wronged  by  his  own  metropolitan,  the  case 
must  be  tried  before  the  exarch  of  the  diocese,  or  the  see  of  Constanti- 
nople, as  we  have  before  directed.  And  if  any  city  has  been  rebuilt 
by  imperial  authority,  or  shall  be  in  the  future,  the  arrangement  of 
the  church  dioceses  must  follow  the  political  and  public  models. 


CANONS   OF   CHALCEDCN.  27 

Canon  18.     Against  conspiracies  of  clerics  or  monks. 

The  crime  of  conspiracy,  or  faction  has  been  totally  prohibited,  even 
by  the  civil  laws:  much  more  seemly  is  it,  then,  that  the  church  of  God 
should  forbid  it.  If  then,  any  clerics  or  monks  shall  be  found  con- 
spiring, or  forming  factions,  or  concocting  plots  against  bishops,  or  fellow 
clerics,  they  must  lose  their  office. 


Canon  19.     Provincial  synods  to  meet  regularly. 

It  has  come  to  our  ears  that  in  the  provinces  the  synods  of  bishops 
provided  for  by  the  statute  are  not  held,  and,  as  a  result,  many  eccle- 
siastical matters  which  need  correcting  escape  attention :  the  holy  Synod 
has  therefore  decreed,  that  in  accordance  with  the  canons  of  the  holy 
fathers  the  bishops  in  each  province  shall  assemble  twice  a  year,  wher- 
ever the  bishop  of  the  metropolis  thinks  best,  and  that  they  shall  correct 
each  abuse  that  arises:  also,  that  those  bishops  who  do  not  attend, 
though  they  are  residing  in  their  own  cities  at  the  time  and  are  in  good 
health  and  are  not  engaged  in  any  unavoidable  and  necessary  occupa- 
pation,  shall  receive  a  brotherly  rebuke. 


As  we  have  before  decreed,  clerics  belonging  to  any  church  must 
not  be  allowed  to  connect  themselves  with  a  church  in  another  city,  but 
must  be  content  with  the  one  in  which  they  were  originally  deemed 
worthy  to  minister,  though  this  rule  does  not  apply  to  those  who,  having 
lost  their  own  country,  have  been  compelled  to  migrate  to  another  church. 
If  then  any  bishop,  after  hearing  this  ordinance,  shall  receive  a  cleric 
belonging  to  another  bishop,  we  have  decided  that  both  receiver  and 
received  shall  be  excommunicated  until  such  time  as  the  deserting  cleric 
shall  return  to  his  anvii  church. 


Canon  20.     On  accusations  of  bishops  or  clerics. 

Clerics  or  laymen  who  bring  charges  against  bishops  or  clerics 
must  not  be  allowed  to  make  a  formal  accusation  indiscriminately  and 
without  examination,  but  must  first  have  their  own  characters  tested. 


28  TRANSLATIONS   AND   REPRINTS. 

Canon  22.     A  bishop's  property  not  to  be  taken  away  at  his  death. 

Clerics  must  not  be  allowed,  after  the  death  of  their  bishop,  to 
plunder  his  effects,  an  act  forbidden  by  the  ancient  canons  also.  Those, 
then,  who  do  this,  risk  their  positions. 


Canon  23.     Clerics  and  monks  not  to  make  a  disorderly  stay  in  Constantinople. 

It  has  come  to  the  ears  of  the  holy  Synod  that  certain  clerics  and 
monks,  though  entrusted  with  no  business  by  their  bishop,  and  some- 
times after  having  been  excommunicated  by  him,  betake  themselves  to 
the  imperial  city  [Constantinople]  and  remain  long  there,  making  dis- 
turbances and  troubling  the  order  of  the  church,  and  even  upsetting 
some  households.  The  holy  Synod  has  therefore  decreed  that  notice  be 
given  to  such  persons  by  the  advocate  of  the  most  holy  church  of  Con- 
stantinople to  depart  from  the  imperial  city,  and  if  they  impudently  con- 
tinue such  conduct,  that  they  be  ejected  by  the  advocate,  even  against 
their  will,  and  betake  themselves  to  the  places  where  they  belong. 


Canon  24.     Monasteries  not  be  secularised. 

Monasteries  once  consecrated  with  the  consent  of  the  bishop  must 
remain  monasteries  forever,  and  their  property  must  be  preserved  for 
them ;  nor  may  they  ever  be  converted  into  secular  dwellings  ;  those, 
then,  who  give  their  consent  to  such  secularization  will  incur  the  penal- 
ties prescribed  by  the  canons. 


Canon  25.     Consecrations  of  bishops  not  to  be  delayed. 

Inasmuch  as  some  of  the  metropolitans,  as  we  have  heard  reported 
on  all  sides,  are  neglectful  of  the  flocks  entrusted  to  them,  and  defer  the 
ordination  of  bishops,  the  holy  Synod  has  been  pleased  to  decree  that  the 
ordination  of  bishops  take  place  within  three  months  after  a  vacancy, 
unless  some  unavoidable  necessity  prevails  to  lengthen  the  interval. 
Now  if  a  metropolitan  does  not  do  as  here  directed,  he  will  incur  eccle- 
siastical punishment.  The  income,  however,  of  the  church  thus  widowed 
by  the  death  of  the  bishop,  must  be  safely  kept  by  the  steward  of  the 
church. 


CANONS    OF   CHALCEDON.  29 

Canon  26.     All  bishops  to  have  stewards  of  church  property. 

Inasmuch  as  in  certain  churches,  as  we  have  heard  widely  reported, 
the  bishops  administer  the  church  property  without  the  aid  of  stewards, 
it  has  been  resolved  that  every  church  which  has  a  bishop,  should  also 
have  a  steward  of  its  own  clerical  stall,  who  shall  manage  the  church's 
funds  in  accordance  with  the  judgment  of  his  bishop,  in  order  that  the 
financial  management  of  the  church  may  not  be  unattested,  and,  as  a 
result,  the  church  property  squandered,  and  reproach  be  cast  upon  the 
priesthood.  If,  then,  the  bishop  will  not  do  this,  he  must  be  punished 
according  to  the  sacred  canons. 


Canon  27.     Against  seizure  of  women  under  pretext  of  marriage. 

Those  who  ravish  women  even  under  the  pretence  of  marriage,  or 
who  are  accomplices  in  the  whole  plan  of  the  ravishers,  or  in  the  act 
itself,  the  holy  Synod  has  decreed  shall  fall  from  their  office,  if  clerics, 
and  be  anathematized,  if  laymen. 


Canon  28.     On  the  dignity  and  powers  of  the  see  of  Constantinople. 

Following  in  all  respects  the  decrees  of  the  holy  fathers,  and  re- 
cognizing the  canon  just  read,  which  was  framed  by  the  150  most 
religious  bishops,  w^ho  assembled  in  the  queen  city,  Constant- 
inople, New  Rome,  in  the  reign  of  the  emperor  Theodosius,  of  pious 
memory,  we  also  so  decree  and  vote  as  they  did  respecting  the  privileges 
of  the  most  holy  church  of  this  same  Constantinople,  New  Rome.  For 
the  fathers  accorded  the  privileges  to  the  see  of  the  Elder  Rome  with 
good  reason,  since  she  was  then  the  imperial  city ;  and  the  150  most  re- 
ligious bishops,  acting  upon  the  same  principle,  awarded  the  same  privil- 
eges to  the  most  holy  see  of  the  new  Rome,  rightly  judging  that  a  city 
which  is  honored  with  the  sovereignty  and  senate,  and  which  enjoys  equal 
privileges  with  the  elder  queen  city,  Rome,  should  receive  dignity  like 
hers  in  matters  ecclesiastical  as  well,  holding  the  place  next  to  her :  And 
so  that  the  metropolitans  only  of  the  dioceses  of  Pontus,  Asia  and  Thrace, 
together  with  those  bishops  in  their  dioceses  who  are  settled  over  bar- 
barians, shall  be  ordained  by  the  aforesaid  most  holy  see  of  the  most 
holy  church  at  Constantinople,  ench  metropolitan  of  the  aforesaid  dio- 
ceses, in  company  with  the  bishops  of  his  province,  ordaining  of  course 


30  TRANSLATIONS    AND    REPRINTS. 

the  bishops  of  that  province,  as  the  sacred  canons  prescribe.  But,  as 
we  have  said  before,  the  metropolitans  of  the  aforesaid  dioceses  are  to  be 
ordained  by  the  archbishop  of  Constantinople,  after  harmonious  elections 
have  been  held,  in  accordance  with  the  usage,  and  the  result  reported 
to  him. 


Canon  [29.     Bishops  not  to  be  degraded  to  the  order  of  presbyters.] 

To  change  a  bishop  to  the  rank  of  a  presbyter  is  sacrilege.  If  any 
just  cause  removes  bishops  from  episcopal  functions,  they  ought  not  to 
hold  the  position  even  of  presbyter.  But  if  they  are  removed  from 
their  high  office  without  having  some  charge  proved  against  them,  they 
shall  be  restored  to  their  episcopal  rank. 

Canon  [30.     On  the  case  of  the  Egyptian  bishops.] 

Inasmuch  as  the  most  pious  bishops  of  Egypt  have  up  to  the  present 
time  postponed  subscribing  to  the  letters  of  the  most  holy  archbishop 
Leo,  not  in  a  spirit  of  opposition  to  the  catholic  faith,  but  upon  the  plea 
that  they  have  a  custom  in  the  Egyptian  diocese  to  do  nothing  of  this 
kind  contrary  to  the  will  and  direction  of  the  archbishop,  and  since  they 
ask  that  indulgence  be  granted  to  them  until  the  ordination  of  the  future 
bishop  of  the  great  city  of  the  Alexandrians ;  it  has  seemed  to  us  reason- 
able and  humane,  that  such  indulgence  be  granted  to  them,  while  they 
remain  [still  in  full  possession  of  their  episcopal  status]  within  the  im- 
perial city,  until  the  archbishop  of  the  great  city  of  the  Alexandrians 
shall  be  ordained. 


SOURCES   AND    LITERATURE.  3 1 

V.     SOURCES  AND  LITERATURE. 

TEXTS  OP  THE  CANONS. 

Harduini,  CoUectio  Conciliorum  (Par.  1715  seq.) 

Mansi,  CoUectio  sacrorum  Conciliorum  (Flor.  1759  seq.) 

Routh,  Scriptorum  Eccl.  Oposcula.     (1832). 

Hefele,  Conciliengeschichte,  (1855  fif.  English  Trans.  1872  f.) 

Bright,  Canons  of  the  First  Four  Councils,  with  notes.  (Oxford,  2nd  Ed.  1892.) 

LITERATURE : 

Histories  (General,  or  of  the  Church,  of  the  Councils,  of  Christian  Doc- 
trine, of  the  Creeds,  of  the  Person  of  Christ,  of  Heresies,  etc.)  by  Baronius, 
Petavius,  Tillemont,  Bingham,  Walch,  Assemani,  Fleury,  Schroeckh, 
Gibbon,  Neander,  Gieseler,  Baur,  Broglie,  Hagenbach,  Rothe,  Hefele,  Kaye, 
Landon,  Milman,  Newman,  Dorner,  Shedd,  Schaff,  Stanley,  Neale,  Hort, 
Swainson,  Moeller,  Sohm,  Harnack,  Bury,  Brightman.  The  standard  Ency- 
clopedias, Dictionaries,  etc.,  should  be  consulted. 


Translations  and  Reprints 

FROM   THE 

ORIGINAL  SOURCES  OF  EUROPEAN  HISTORY. 


Vol.  IV.  Documents  Illustrative  of  Feudalism.  No.  3 

TABLE  OF  CONTENTS. 

PAGE 

PART  I.     THE  ORIGINS  OF  FEUDALISM,  A.  D.,  500-1100. 

I.       Personal  Dependence. 

1.  An  Anglo-Saxon  Formula  of  Commendation, 3 

2.  A  Frankish  Formula  of  Commendation, 3 

3.  Acceptance  of  an  Antrustion, 4 

4.  A  Charter  of  Guardianship, 4 

5.  Capitulary  concerning  Freemen  and  Vassals 5 

6.  Capitulary  of  Mersen, 5 

7.  Commendation,  from  Domesday  Book, 5 

II.  Dependent  Land  Tenure. 

1.  Gift  and  Return  as  a  Precaria, 6 

2.  Grants  of  Bishop  Oswald, 8 

3.  Change  from  Allodial  to  Feudal  Holding 10 

III.  Private  Jurisdictions. 

1.  Immunity  for  Lands  of  a  Bishopric, ii 

2.  Immunity  to  a  Layman,  . 12 

3.  Anglo-Saxon  Grant  of  Immunity 13 

4.  Capitulary  of  Kiersey, 14 

PART  II.     FEUDAL  INSTITUTIONS,  A.  D.,  1100-1400. 

I.        Grants  and  Acknowledgments  of  Fiefs. 

1.  Acknowledgment  of  Feudal  Tenure, 15 

2.  Grant  of  a  Fief,  A.  D.  1210, 15 

3.  Grant  of  a  Fief,  A.  D.  1167, 15 

4.  Feudal  Holdings, 16 

5.  Grant  of  a  Fief  of  Money, 17 

II.  Ceremony  of  Homage  and  Fealty. 

1.  Count  of  Flanders, 18 

2.  Homage  and  Fealty  of  Bernard  Atton, 18 

3.  Legal  Rules  for  Homage  and  Fealty, 20 

III.  Subinfeudation. 

1.  From  the  Exchequer  Rolls, 21 

2.  From  the  Hundred  Rolls, 22 

IV.  General  Duties  of  Lords  and  Vassals. 

1.  Letter  from  Bishop  Fulbert, 23 

2.  From  an  English  Code, 24 

V.  Authority  of  Lord  over  Marriages. 

1.  Acknowledgment  of  Countess  of  Nevers, 24 

2.  From  Chronicle  of  Lambert, 25 

3.  Fees  for  License  to  Marry, 25 


TRANSLATIONS    AND    REPRINTS. 


TABI.E  OF  CONTENTS  CONTINUED. 


VI.  Wardship,  Rewef  and  Aids. 

1.  Wardship,  from  the  Exchequer  Rolls, 26 

2.  Relief,  from  the  Exchequer  Rolls, 27 

3.  Acknowledgment  of  Relief, 27 

4.  Three  familiar  Aids, 28 

VII.  MiiviTARY  Service. 

1.  An  Early  Summons,  . 28 

2.  Grant  to  a  Knight, 29 

3.  Service,  according  to  the  Hundred  Rolls, 29 

4.  Acknowledgment  of  Military  Duty, 29 

5.  lyCgal  Rules  for  Service, 30 

6.  Instance  of  Count  of  Champagne, 30 

7.  Answers  of  Tenants  to  Summons, 31 

VIII.  Feudai.  Justice. 

1.  English  Customs, 32 

2.  Royal  Writ  to  Secure  Jurisdiction, 33 

3.  Ivegal  Rules  for  Trial 33 

4.  Instance  of  Condemnation, 33 

IX.  Right  oe  Coinage. 

1.  Grant  of  the  Mint, 34 

2.  Promise  of  Restriction, 35 

X.  Forfeiture. 


I.  THE  ORIGINS  OF  FEUDALISM,  A.D.  500-1100. 

Feudalism  is  the  name  given  to  that  form  and  degree  of  organization  and  system 
in  Emopean  society  which  existed  at  a  period  when  there  were  no  strong  central 
governments,  when  there  was  no  civil  equaHty  of  persons,  and  no  conception  of 
absolute  property  in  land.  The  absence  of  these  institutions  was  more  or  less 
characteristic  of  all  the  countries  of  western  Europe  from  the  ninth  to  the  four- 
teenth century.  Any  effort  to  illustrate  such  a  condition  of  society  by  contem- 
porar}.'  documents  is  necessarily  somewhat  fallacious,  for  Europe  was  above  all  else 
disorganized  and  anarchic,  while  formal  documents  always  give  an  impression  of 
order  and  regularity. 

On  the  other  hand  such  a  mere  dominion  of  force  as  has  been  spoken  of,  which 
certainly  tended  to  exist  when  the  more  orderly  conditions  of  the  period  of  the 
Roman  Empire  and  of  the  early  barbarian  monarchies  had  passed  away,  was  limited 
in  several  respects.  It  was  modified  notably  by  personal  alliances  of  lord  and  vas- 
sal, by  praedial  relations  of  landlord  and  tenant,  by  the  exercise  of  many  of  the 
powers  of  government  on  their  own  lands  by  nobles  one  or  more  stages  below  the 
national  ruler.  A  vast  number  of  documents,  edicts,  formulas,  and  contemporary 
records  illustrate  this  side  of  the  growth  of  Feudalism.  These  documents  show 
that  from  an  early  period  both  among  the  Romans  and  the  barbarians  a  habit  of 
foi  ming  voiuntar}'  personal  agreements  of  protection  on  the  one  hand  and  service 
on  the  other  between  a   superior  and   an  inferior  was  prevalent ;  secondly,    that 


COMMENDATION.  3 

the  definiteness  of  the  legal  Roman  idea  of  private  ownership  of  land  was  be- 
coming blunted,  and  the  communal  idea  of  its  ownership  by  the  clan  was  being 
lost,  so  that  they  were  both  superseded  by  an  ideal  of  beneficiary  or  undefined  land 
holding,  which  was  quite  satisfied  with  the  profitable  superiority  over  the  land  by 
its  lord  and  the  practical  use  of  it  by  its  ultimate  tenant,  without  raising  the  ques- 
tion of  its  actual  ownership  ;  and  thirdly,  that  the  power  of  local  nobles  and  the 
connivance  of  the  weak  central  government  combined  to  place  military,  judicial, 
and  even  certain  legislative  and  administrative  powers  in  the  hands  of  those  whose 
only  claim  to  them  was  that  they  were  lords  over  vassals  and  holders  of  lands. 

The  documents  in  Part  I,  are  intended  to  illustrate  these  three  customs,  wtiich 
are  commonly  known  respectively  as  commendation,  the  creation  of  beneficies,  and 
the  grant  of  immunities. 

I.    THE  GROWTH  OF  PERSONAL  DEPENDENCE. 

I,       AN  ANGLO-SAXON  FORMULA  OF  COMMENDATION. 
Schmidt:  Gesetze  der  Angelsachsen,  p.  404.     Anglo-Saxon. 

Thus  shall  one  take  the  oath  of  fidelity  : 

By  the  Lord  before  whom  this  sanctuary  is  holy,  I  will  to  N.  be 
true  and  faithful,  and  love  all  which  he  loves  and  shun  all  which  he 
shuns,  according  to  the  laws  of  God  and  the  order  of  the  world.  Nor 
will  I  ever  with  will  or  action,  through  word  or  deed,  do  anything  which 
is  unpleasing  to  him,  on  condition  that  he  will  hold  to  me  as  I  shall  de- 
serve it,  and  that  he  will  perform  everything  as  it  was  in  our  agreement 
when  I  submitted  myself  to  him  and  chose  his  will. 

2.       A  FRANKISH  FORMULA  OF  COMMENDATION,  SEVENTH  CENTURY. 
Roziere:  Collection  de  Formules,  No.  XLIII,  Vol.  I,  p.  69.     Latin. 
Who  commends  himself  in  the  power  of  another : 
To  that  magnificent  lord  so  and  so,  I,  so  and  so.     Since  it  is  known 
familiarly  to  all  how  little  I  have  whence  to  feed  and  clothe  myself,    I 
have  therefore  petitioned  your  piety,  and  your  good-will  has  decreed  to 
me  that  I  should  hand  myself  over  or  commend  myself  to  your  guard- 
ianship, which  I  have  thereupon  done;  that  is  to  say  in  this  way,   that 
you  should  aid  and  succor  me  as  well  with  food  as  with  clothing,  accord- 
ing as  I  shall  be  able  to  serve  you  and  deserve  it. 

And  so  long  as  I  shall  live  I  ought  to  provide  service  and  honor 
to  you,  suitably  to  my  free  condition;  and  I  shall  not  during  the  time 
of  my  life  have  the  ability  to  withdraw  from  your  power  or  guardian- 
ship; but  must  remain  during  the  days  of  my  life  under  your  power  or 
defence.     Wherefore  it  is  proper  that  if  either  of  us  shall  wish  to  with- 


4  TRANSLATIONS   AND    REPRINTS. 

draw  himself  from  these    agreements,  he  shall  pay  so  many  shillings  to 
his  peer  (pari  sao)  and  this  agreement  shall  remain  unbroken. 

Wherefore  it  is  fitting  that  they  should  make  or  confirm  between 
themselves  two  letters  drawn  up  in  the  same  form  on  this  matter;  which 
they  have  thus  done. 


3.       ACCEPTANCE    OF    AN    ANTRUSTION,    SEVENTH    CENTURY. 

Roziere  :  Collection  de  Formules,  No.  VIII,  Vol.  I,  p.  8.     Latin. 

It  is  right  that  those  who  offer  to  us  unbroken  fidelity  should  be 
protected  by  our  aid.  And  since  siieh  and  sueh  a  faithful  one  of  ours, 
by  the  favor  of  God,  coming  here  in  our  palace  with  his  arms,  has  seen 
fit  to  swear  trust  and  fidelity  to  us  in  our  hand,  therefore  we  decree 
and  command  by  the  present  precept  that  for  the  future  such  and  such 
above  mentioned  be  counted  with  the  number  of  the  antrustions.  And 
if  anyone  perchance  should  presume  to  kill  him,  let  him  know  that  he 
will  be  judged  guilty  of  his  wergild  of  600  shillings. 


4.       CHARTER  OF  GUARDIANSHIP  GRANTED  BY  THE  KING.       NINTH 

CENTURY. 
Roziere  :  Collection  de  Formules,  No.  XIII,  Vol.  I,  p.  14.     Latin. 

We  wish  it  to  be  known  to  all  our  faithful,  dwelling  in  the  parts  of 
Romania  and  Italy  that  certain  men  whose  names  are  such  and  such, 
coming  into  our  presence  have  begged  and  prayed  us  that  on  account  of 
the  injuries  of  evil  men  we  should  take  them  under  the  security  of  our 
protection,  which  we  have  done  with  willingness.  On  this  account 
we  have  ordered  this  precept  of  our  authority  to  be  made  and  given  to 
them;  by  which  we  require  and  command  that  no  one  of  you  take  any- 
thing of  their  property  from  them  against  what  is  right,  or  presume  to 
prosecute  them  in  any  cause  unjustly;  but  it  is  allowed  to  them  under 
our  defence  and  protection  and  without  opposition  of  any  kind  to  live 
quietly  on  their  own  property.  And  if  any  causes  shall  have  arisen 
against  them  which  within  their  own  country  cannot  be  concluded  with- 
out heavy  and  unreasonable  expense,  we  will  that  these  be  suspended 
and  reserved  for  our  presence  till  they  may  receive  a  just  and  lawful 
final  sentence,  and  let  no  one  presume  to  deprive  them  of  the  oppor- 
tunity of  coming  to  us. 


COMMENDATION.  5 

5.       CAPITULARY  CONCERNING  FREEMEN  AND  VASSALS,  A.  D.  8 1 6. 

M.  G.  LL,  I,  196.     Latin. 

If  anyone  shall  wish  to  leave  bis  lord  (seniorein,)  and  is  able  to 
prove  against  him  one  of  these  crimes,  that  is,  in  the  first  place,  if  the 
lord  has  wished  to  reduce  him  unjustly  into  servitude;  in  the  second 
place,  if  he  has  taken  counsel  against  his  life ;  in  the  third  place  if  the 
lord  has  committed  adultery  with  the  wife  of  his  vassal,  in  the  fourth 
place  if  he  has  wilfully  attacked  him  with  a  drawn  sword  ;  in  the  fifth 
place,  if  the  lord  has  been  able  to  bring  defence  to  his  vassal  after  he 
has  commended  his  hands  to  him,  and  has  not  done  so;  it  is  allowed  to 
the  vassal  to  leave  him.  If  the  lord  has  perpetrated  anything  against 
the  vassal  in  these  five  points  it  is  allowed  the  vassal  to  leave  him. 

6.       CAPITULARY    OF    MERSEN,  A.  D.  847. 
M,  G.  LL.  I,  395.     Latin. 

We  will  moreover  that  each  free  man  in  our  kingdom  shall 
choose  a  lord,  from  us  or  our  faithful,  such  a  one  as  he  wishes. 

We  command  moreover  that  no  man  shall  leave  his  lord  without 
just  cause,  nor  should  any  one  receive  him,  except  in  such  a  way  as  was 
customaiy  in  the  time  of  our  predecessors. 

And  we  wish  you  to  know  that  we  want  to  grant  right  to  our  faith- 
ful subjects  and  we  do  not  wish  to  do  anything  to  them  against  reason. 
Similarly  we  admonish  you  and  the  rest  of  our  faithful  subjects  that  you 
grant  right  to  your  men  and  do  not  act  against  reason  toward  them. 

And  we  will  that  the  man  of  each  one  of  us  ^  in  whosoever  king- 
dom he  is,  shall  go  with  his  lord  against  the  enemy,  or  in  his  other 
needs  unless  there  shall  have  been  (as  may  there  not  be)  such  an  inva- 
sion of  the  kingdom  as  is  called  a  landiver,  so  that  the  whole  people  of 
that  kingdom  shall  go  together  to  repel  it. 


7.     INSTANCES  OF  COMMENDATION  FROM  DOMESDAY   BOOK,  A.  D.  IO85. 

The  reference  to  most  of  these  passages  is  due  to  Prof.  F.'  W.  Maitland,  whose 
*'Domesday  Book  and  Beyond,'' has  entirely  transformed  the  study  of  early 
English  Feudalism,  as  of  so  many  other  elements  of  English  mediceval  history.  The 
same  remark  applies  to  Oswald's  Grants,  Document  II,  2,  p.  8. 


i.  e.     Lothar,  Lewis  and  Charles. 


6  TRANSLATIONS    AND    REPRINTS. 

In  Greenwich  were  two  free  men,  one  commended  to  King  Edward, 

the  other  to  Girth. 

Sufifolk,  i,  347. 

In  the  borough^  Roger  has  thirty-three  men  commended  to  him 
whom  his  predecessor  held,  in  whom  he  had  nothing  except  commendation. 

Norfolk,  i,  173. 

In  Wantage  hundred  the  same  bishop  holds  from  the  king  one  hide 
and  a  half,  and  Tori  trom  him.  The  father  of  Tori  held  it  in  the  time 
of  King  Edward,  and  was  able  to  go  whither  he  wished,  but  for  his  pro- 
tection he  committed  himself  to  bishop  Herman,  and  Tori  similarly  to 

bishop  Osmund. 

Berkshire,  i,  58. 

This  land  Edmund,  a  man  of  Earl  Harold,  held. 

Hertfordshire,  i,  133. 

In  Munehale   a    certain  Englishman  holds  from  Geofirey  three 

virgates,  which  he  held  as  a  free  man  in  the  time  of  King  Edward  ;  and 

in  the  time  of  King  William  he  became  the  man  of  Geoffrey,  of  his  own 

free  will. 

Essex,  i,  62  b. 

In  Becham  one  free  man  holds  by  commendation  from  bishop  Almar 

80  acres  of  land. 

Norfolk,  i,  198  b. 

In  the  borough  there  were  943  burghers  in  the  time  of  King  Ed- 
ward. Of  these  the  king  has  the  whole  custom.  Of  these  men  there 
were  36  so  completely  in  the  domain  of  King  Edward  that  they  were 
not  able  to  be  the  men  of  any  one  without  the  license  of  the  king.  All 
the  rest  were  able  to  be  the  men  of  any  one,  but  the  custom  neverthe- 
less remained  to  the  king,  except  heriot. 

Thetford,  Norfolk,  i,  186  b. 


11.  THE  GROWTH  OF  DEPENDENT  LAND  TENURE. 

T.       GRANT  OF  LANDS   TO    A    MONASTERY,    AND   THEIR    RETURN    AS    A 
PRECARIA,  SEVENTH  CENTURY. 
Rozi^re  :  Collection  de  Formules,  No.  CCCL,  Vol.  I,  p.  433.     Latin. 
I,  ^ach  a  onCj  in  the  name  of  God.     I  have  settled  in  my  mind  that 


Thetford. 


DEPENDENT    LAND   TENURE.  7 

I  ought,  for  the  good  of  my  soul,  to  make  a  gift  of  something  from  my 
possessions,  which  I  have  therefore  done.  And  this  is  what  I  hand 
over,  in  the  district  named  so  and  so,  in  the  place  of  which  the  name  is 
such  and  such,  all  those  possessions  of  mine  which  there  my  father  left 
me  at  his  death,  and  which  as  against  my  brothers  or  as  against  my  co- 
heirs the  lot  legitimately  brought  me  in  the  division  ;  or  those  which  I 
was  able  afterward  to  add  to  them  in  any  way,  in  their  whole  complete- 
ness, that  is  to  say  the  courtyard  with  its  buildings,  with  slaves,  houses, 
lands  cultivated  and  uncultivated,  meadows,  woods,  waters,  mills,  etc. 
These,  as  I  have  before  said,  with  all  the  things  adjacent  or  appurtenant 
to  them  I  hand  over  to  the  church,  which  was  built  in  honor  of  such 
and  such  a  saint  to  the  monastery  which  is  called  so  and  so,  where  such 
and  such  an  abbott  is  acknowledged  to  rule  regularly  over  God's  flock ; 
on  these  conditions,  viz :  That  so  long  as  life  remains  in  my  body,  the 
possessions  above  described  I  shall  receive  from  you  as  a  benefice  for 
usufruct,  and  the  due  payment  I  will  make  to  you  and  your  successors 
each  year,  that  is  so  and  so  much.  And  my  son  shall  have  the  same 
possessions  for  the  days  of  his  life  only,  and  shall  make  the  above  named 
payment ;  and  if  my  children  should  survive  me  they  shall  have  the 
same  possessions  during  the  days  of  their  life  and  shall  make  the  same 
payment ;  and  if  God  shall  give  me  a  son  from  a  legitimate  wife,  he 
shall  have  the  same  possessions  for  the  days  of  his  life  only,  after  the 
death  of  whom  the  same  possessions  with  all  their  improvements  shall 
return  to  your  part  to  be  held  forever  ;  and  if  it  should  be  my  chance 
to  beget  sons  from  a  legitimate  marriage,  these  shall  hold  the  same  pos- 
sessions after  my  death,  making  the  above  named  payment,  during  the 
time  of  their  lives.  If  not,  however,  after  my  death,  without  tergiversa- 
tion of  any  kind,  by  right  of  your  authority,  the  same  possessions  shall 
revert  to  you  to  be  retained  forever.  If  any  one,  however,  which  I  do 
not  believe  will  ever  occur,  if  I  myself  or  any  other  person  shall  wish 
to  violate  the  firmness  and  validity  of  this  grant,  the  order  of  truth  op- 
posing him,  may  his  falsity  in  no  degree  succeed  ;  and  for  his  bold  at- 
tempt may  he  pay  to  the  aforesaid  monastery  double  the  amount  which 
his  ill-ordered  cupidity  has  been  prevented  from  abstracting  ;  and  more- 
over let  him  be  culpable  to  the  royal  authority  for  such  and  such  an 
amount  of  gold ;  and,  nevertheless,  let  the  present  charter  remain  in- 
violate with  all  that  it  contains,  with  the  witnesses  placed  below. 

Done  in  such  and  such  a  place,  publicly,  those  who  are  noted  below 
being  present,  or  the  remaining  innumerable  multitude  of  people. 


8  TRANSLATIONS   AND   REPRINTS. 

In  the  name  of  God,  I,  abbott  so  and  so,  with  our  commissioned 
brethren.  Since  it  is  not  unknown  how  you,  such  and  such  a  one,  by  the 
suggestion  of  divine  exhortation  did  grant  to  such  and  such  a  mon- 
astery, to  the  church  which  is  known  to  be  constructed  in  honor  of  such 
and  such  a  saint,  where  we  by  God's  authority  exercise  our  pastoral 
care,  ail  your  possessions  which  you  seemed  to  have  in  the  district 
named,  in  the  vill  named,  which  your  father  on  his  death  bequeathed 
to  you  there,  or  which  by  your  own  labor  you  were  able  to  gain  there, 
or  which  as  against  your  brother  or  against  such  and  such  a  co-heir,  a 
just  division  gave  you,  with  courtyard  and  buildings,  gardens  and  or- 
chards, w^ith  various  slaves,  so  and  so  by  name,  houses,  lands,  meadowy 
woods,  cultivated  and  uncultivp^ted,  or  with  all  the  dependencies  and 
appurtenances  belonging  to  it,  which  it  would  be  extremely  long  to  enu- 
merate, in  all  their  completeness ;  but  afterwards,  at  your  request,  it  has 
seemed  proper  to  us  to  cede  to  you  the  same  possessions  to  be  held  for 
usufruct ;  and  you  will  not  neglect  to  pay  at  annual  periods  the  due 
censum  hence,  that  is  so  and  so  much.  And  if  God  should  give  you  a  son 
by  your  legal  wife,  he  shall  have  the  same  possessions  for  the  days  of 
his  life  only,  and  shall  not  presume  to  neglect  the  above  named  pay- 
ment, and  similarly  your  sous  which  you  are  seen  to  have  at  present, 
shall  do  for  the  days  of  their  life ;  after  the  death  of  whom  all  the  pos- 
sessions above  named  shall  revert  to  us  and  our  successors  perpetually. 
Moreover,  if  no  sons  shall  have  been  begotten  by  you,  immediately  after 
your  death,  without  any  prejudicial  ccmtention,  they  shall  revert  to  the 
rulers  or  guardians  of  the  above  named  church,  forever,  Nor  may  any 
one,  either  ourselves  or  our  successors,  be  successful  in  a  rash  attempt 
inordinately  to  destroy  these  agreements,  but  just  as  the  time  has  de- 
manded in  the  present  precaria,  may  that  be  sure  to  endure  unchanged 
which  we,  with  the  consent  of  our  brothers,  have  decided  to  corroborate. 

Done  in  such  and  such  a  place,  in  the  presence  of  so  and  so  and  of 
others  whom  it  is  not  worth  while  to  enumerate.  Seal  of  the  same  ab- 
bott, who  has  ordered  this  precaria  to  be  made. 

2.     Oswald's  grants  of  subject-lands,  a.  d.,  970. 

Kemble  :  Saxons  in  England,  I,  517-19.     Latin. 

To  my  dearest  lord  Edgar,  King  of  the  English,  I,  Oswald,  bishop 
of  the  church  of  Worcester,  return  thanks  before  God  and  men  for  all 
the  gifts  which  by  your  clemency  have  been  granted. to  me.     Therefore, 


Oswald's  grants.  9 

if  the  mercy  of  God  will  allow,  before  God  and  men  will  I  always  re- 
main laitbfui  to  you,  remembering  in  my  gratitude  your  abundant  good, 
ness,  in  granting  to  me  that  which  I  desired  so  deeply,  and  taking  up 
my  quarrel  and  that  of  the  holy  church  of  God.  This  you  did  through 
the  aid  and  intervention  of  my  spokesmen,  the  most  reverend  archbishop 
Dunstan,  and  the  venerable  Aethelwold,  bishop  of  Winchester,  and  that 
magnificent  man,  Earl  Brihtnoth ;  and  in  accordance  with  the  counsel 
of  his  wise  men  and  magnates  decided  it  justly,  and  to  the  sustentation 
of  the  church  which  he  graciously  committed  to  me  to  rule.  Wherefore,  in 
what  manner  with  the  lands  which  were  handed  over  to  my  power,  I 
have  endowed  my  dependents,  for  the  space  of  life  of  three  men,  that  is 
of  two  heirs  after  themselves,  with  the  license  and  attestation  of  the 
same  my  lord  king,  it  has  pleased  both  myself  and  my  helpers  and 
counsellors  to  explain  openly  through  the  form  of  a  chirograph  to  my 
brethren  and  successors,  that  is  the  bishops.  They  will  thus  know  what 
ought j  ustly  to  be  required  from  them  according  to  the  agreement  made  with 
them  and  with  their  promise.  I  have  also  been  careful  to  compose  this 
letter  by  way  of  caution,  lest  any  one  in  the  future,  instigated  by  wicked 
cupidity,  and  desiring  to  change  this,,  should  renounce  the  service  of  tlie 
church.  So  this  agreement  was  made  with  them,  the  same  my  lord 
king  approving  and  by  his  attestation  corroborating  and  confirming  the 
greatness  of  his  munificence,  all  the  wise  men  and  magnates  of  his  court 
attesting  and  consenting. 

With  this  agreement  I  have  conceded  to  them  the  lands  of  holy 
church  to  be  held  under  me,  that  is  that  all  the  law^  of  riding  which 
pertains  to  equites  should  be  fulfilled  by  them  ;  and  that  they  should 
fully  perform  all  those  things  which  justly  belong  to  the  right  of  the 
same  church,  that  is  to  say  those  things  which  in  English  are  called 
churchscot  and  toll  (that  is  theloneum),  and  tac  (thatis  siywi^cea^'e.)  and 
other  rights  of  the  church,  unless  the  bishop  shall  wish  to  pardon  any- 
thing to  any  one  of  them  ;  and  they  must,  moreover,  affirm  with  an  oath 
that  so  long  as  they  hold  his  lands  they  will  continue  humbly  in  all 
subjection  to  the  commands  of  the  bishop.  Besides  this,  moreover,  they 
shall  provide  themselv^  ready  for  every  need  of  the  bishop  ;  they  shall 
provide  horses,  they  themselves  shall  ride  ;  and  for  all  the  burning  of 
lime  for  the  need  of  the  church  and  for  the  building  of  the  bridge  they  shall 
be  found  ready  ;  moreover  they  shall  provide,  of  their  own  accord,  for 
building  the  hunting  lodge  of  the  lord  bishop,  and  shall  turn  their  own 
spears  to  hunting  whenever  it  shall  please  the  lord  bishop.     Moreover, 


lO  TRANSLATIONS   AND    REPRINTS. 

for  the  many  other  occasions  of  need  which  the  lord  bishop  often  re- 
quires, either  for  his  own  service  or  to  fulfill  that  to  the  king,  they 
should  always  be  subjected  in  all  humility  to  the  governance  of  that 
leader  and  to  the  will  of  whomsoever  presides  over  the  episcopal  office, 
on  account  of  the  benefices  which  have  been  granted  to  them,  according  to 
his  will  and  according  to  the  quantity  of  lands  which  each  one  possesses* 

When  the  aforesaid  course  of  time  shall  have  passed  away,  that  is 
to  say,  the  period  of  life  of  two  heirs  after  those  who  now  possess  them,  it 
shall  rest  with  the  judgment  of  the  same  bishop  as  to  what  he  wishes, 
and  whatever  his  will  is,  so  it  shall  stand,  either  to  retain  these  to  his 
own  need,  if  so  he  shall  judge  it  is  useful  to  him,  or  to  grant  them  for 
a  longer  time  to  any  one  if  it  shall  so  seem  good  to  him,  so,  neverthe- 
less, that  the  service  of  the  church  shall  always,  as  we  have  said  above, 
be  fully  provided  for. 

But  if  any  of  those  rights  mentioned  above  shall  have  failed  be- 
cause of  the  crime  of  any  one  misrepresenting,  let  him  atone  for  the 
crime  of  his  misrepresentation  according  to  the  right  of  the  bishop,  or 
let  him  be  deprived  of  that  gift  and  land  which  he  before  had  control  of. 
If  there  should  be  any  one,  tempted  by  the  devil,  (as  we  should  hope  not) 
who,  by  means  of  our  benefice,  should  attempt  by  fraud  to  deprive  the 
church  of  God,  either  of  its  property  or  of  its  due  service,  let  him  be  de- 
prived of  our  benediction  and  of  all  blessing  of  God  and  his  saints,  un- 
less by  the  most  profound  repentance,  he  hastens  to  correct  it  and  re- 
stores to  its  original  condition  what  he  has  defrauded  it  of;  for  it  is 
written  :  "robbers  and  sacrilegious  men  shall  not  reach  the  kingdom  of 
God."  Now,  however,  for  the  sake  of  God  and  Holy  Mary,  in  whose 
name  this  monastery  is  endowed,  I  advise  and  require  that  in  no  way 
should  any  one  venture  to  wrest  this,  but  as  by  us  it  has  been  established, 
as  we  have  described  above,  so  let  it  remain  forever.  He  who  keeps 
this  let  him  be  filled  with  all  benediction  ;  he,  however,  who  infringes 
it  let  him  be  cursed  by  the  Lord  and  all  saints,  Amen. 


3.   CHANGE  FROM  ALLODIAL  TO  FEUDAL  HOLDING. 

Quantin  :  Recueil  de  Pieces  du  XIII  Siecle,  No.  631,  pp.  310-11.     Latin. 

This  instance  of  the  original  entrance  of  a  piece  of  land  into  feudal  relations 
is  of  course  at  a  date  centuries  after  feudal  tenure  had  become  characteristic  of  most 
of  the  land  of  Europe,  but  it  seems  to  be  typical  of  conditions  even  at  this  late  pe- 
riod, in  the  south  of  France.     See  discussion  in  Luchaire  and  in  Boutaric, 


PRIVATE   JURISDICTIONS.  II 

To  all  who  shall  see  the  present  letters,  the  Official  of  Auxerre, 
greeting.  Let  all  know,  that  standing  in  presence  William  de  la 
Foret,  knight,  and  Agnes,  his  wife,  asserting  firmly  that  they  hold  and 
possess  in  free  allod  the  property  noted  below  ;  viz:  the  ar  pent  of  vines, 
situated  in  the  vineyard  of  Ghablis,  in  the  place  which  is  called  the 
Close,  between  the  vines  of  William  Berner,  on  the  one  side  and  the 

vines  of  the  late  Pariot,  on  the  other,     ^ also 

all  other  things  which  they  possessed  and  held  in  free  allod,  as  they  said, 
and  still  hold  and  possess  within  the  boundaries  of  Ghablis,  of  Chichiac, 
of  Milli,  of  Ponche,  of  Bena  and  of  Chapelle,  the  direct  and  hereditary 
holdings  of  the  same  Agnes  wherever  they  may  be  within  the  same 
boundaries,  and  whatsoever ;  by  their  common  consent  and  will,  after 
previous  deliberation  they  have  placed  altogether  in  the  fee  of  the  church 
of  St.  Martin  of  Tours,  and  in  fee,  for  the  future  have  wished  to  hold 
and  possess  firmly  from  the  said  church. 

They  promise,  on  their  fealty  offered  by  their  bodies,  that  they  hold 
and  will  hold  the  things  aforesaid  and  exprevssed  above,  with  all  other 
things  which  they  hold  and  possess  within  the  said  boundaries  wherever 
they  may  be  and  whatsoever,  for  the  future,  from  the  said  church  in 
fee,  and  to  the  same  church  in  future,  by  reason  of  the  same  property 
will  provide  feudal  service  as  they  ought  to  provide  it,  just  as  others 
holding  in  fee  are  accustomed  to  hold  and  are  bound  to  give  or  provide. 
Given  A.  D.  1267,  Wednesday  after  the  Ascension  of  the  Lord. 


IIL     PRIVATE  JURISDICTIONS. 

I.  GRANT  OF  IMMUNITY  FOR  THE  LANDS  OF  A  BISHOPRia 
Rozi^re  :  Recueil  de  Formulas,  No.  XVI,  Vol.  I,  p.  17.  Latin. 
We  believe  that  it  increases  the  great  memorial  of  our  realm,  if  with 
benevolent  deliberation  we  concede  opportune  benefits  to  the  places 
of  the  churches  or  to  any  one  you  may  name,  and  under  the  protection 
of  the  Lord,  write  them  down  to  endure  in  stability.  Therefore,  may 
your  zeal  know  that  we  have  seen  fit  upon  petition  to  grant  such 
a  benefit,  for  our  eternal  reward,  to  that  apostolic  man,  lord  so  and  so, 
bishop  of  such  and  such  a  city;  that  in  the  vills  of  the  church  of  that 


^  The  charter  continues  to  describe  some  20  pieces  of  vineyard,  meadow  and 
arable  land,  certain  houses,  and  rents  in  wine  and  grain,  the  property  being  situated 
apparently  in  six  different  villages. 


12  TRANSLATIONS   AND  REPRINTS, 

lord,  which  in  recent  times,  or  in  ours,  or  by  the  gift  of  any  one,  he  i» 
seen  to  have,  or  which  in  the  future  godly  piety  shall  wish  to  amplify  in 
the  right  of  that  holy  place,  no  public  j  udge  shall  at  any  time  presume 
to  enter  for  the  hearing  of  causes  or  for  the  exaction  of  payments,  but  the 
prelate  himself  or  his  successors  for  the  name  of  the  Lord  shall  be  able 
to  rule  over  this  under  the  name  of  a  complete  corporation.  We  require, 
therefore,  that  neither  you  nor  your  subordinates  nor  your  successors 
nor  any  public  judicial  power  should  presume  at  any  time  to  enter  into 
the  vills  of  the  same  church  anywhere  in  our  kingdom,  either  those 
granted  by  royal  bounty  or  by  that  of  private  persons  or  those  which  shall 
in  future  be  gi'anted;  either  for  the  sake  of  hearing  altercations  or 
to  exact  fines  for  any  causes,  or  to  obtain  sureties.  But  whatever  the 
Treasury  could  expect  either  of  fines  or  other  things  either  from  free- 
men or  from  servants  and  other  nations  who  are  within  the  fields  or 
boundaries  or  dwelling  upon  the  lands  of  the  aforesaid  church  ;  by  our 
indulgence  for  our  future  welfare,  shall  be  profitable  for  the  expenses 
of  the  same  church  by  the  hand  of  those  ruling  it,  forever.  And  what 
we  for  the  name  of  God  and  the  remedy  of  our  soul  and  that  of  our 
progeny  who  shall  follow  us  have  granted  from  full  devotion,  let  not 
the  royal  sublimity,  in  the  reckless  cupidity  of  any  of  the  judges  be 
tempted  to  break.  And,  in  order  that  the  present  authority  may, 
by  the  aid  of  God,  remain  inviolate  in  present  as  in  future  times  we  have 
ordered  this  to  be  corroborated  below  by  the  subscription  of  our  hand, 

2.     GRANT    OF   IMMUNITY   TO    A    LAYMAN,    SEVENTH   CENTURY. 

Roziere  :  Recueil  de  Formules,  No.  CXLVII,  Vol.  I,  p.  185.     Latin. 

Therefore,  may  your  greatness  or  perseverance  know  that  we  have 
seen  fit  to  concede  by  our  ready  will  to  sueh  and  such  an  illustrious 
man,  the  vill  named  so  and  so.  situated  in  such  and  such  a  district, 
completely  with  its  whole  proper  boundary,  as  it  has  been  possessed  by 
such  and  such  a  one  or  by  our  treasury,  or  is  possessed  at  this  present 
time.  Wherefore,  by  our  present  authority  we  have  decreed  what  we 
command  shall  be  kept  forever,  that  the  man  aforesaid,  so  and  so, 
should  have  conceded  to  him  such  and  such  a  vill  as  we  have  said,  in  its 
entirety,  with  the  lands,  houses,  buildings,  villeins,  slaves,  vineyards, 
woods,  fields,  meadows,  pastures,  waters  or  watercourses,  grist  mills,  ad- 
ditions, appurtenances,  or  any  kind  of  men  who  are  subjected  to  our 
treasury  who  dwell  there  ;  in  entire  immunity,  and  without  the  entrance 


GRANT   OF   IMMUNITY.  I3 

of  any  one  of  the  jndges  for  the  purpose  of  holding  the  pleas  of  any  kind 
of  causes.  Thus  he  may  have,  hold,  and  possess  it  in  proprietary  i-ight 
and  without  expecting  the  entrance  of  any  of  the  judges  ;  and  may  leave 
the  possession  of  it  to  his  posterity,  by  the  aid  of  Grod,  from  our  bounty, 
or  to  whom  he  will ;  and  by  our  permission  he  shall  have  free  pov»'er  to 
do  whatever  he  may  wish  with  it  for  the  future.  And  in  order  that 
this  authority  may  be  held  as  more  firm,  we  have  decreed  it  to  be  cor- 
roborated below  with  our  own  hand. 

3,  ANGLO-SAXON  GRANT  OF  IMMUNITY,  A.  D.,  IO53. 
Thorpe  :  Diplomatarium  Anglicum,  p.  368.  Anglo-Saxon. 
Such  gtants  as  the  following  have  not  usually  been  recognized  as  grants  of 
immunity,  and  our  ignorance  as  to  the  exact  significance  of  the  Anglo-Saxon  tech- 
nical terms  employed  makes  it  impossible  to  decide  the  extent  of  the  exemptions 
granted.  But  there  seems  to  be  no  doubt  that  the  result  of  such  a  grant  was  to 
give  the  recipients  the  right  to  all  the  profits  of  justice,  and  exemption  from  the  in- 
trusion of  royal  officials,  and  therefore  inferentially  the  right  and  duty  of  holding 
courts  and  exercising  other  forms  of  jurisdiction.  See  Maitland  :  ^* Domesday 
Book  and  Beyond, ' '  especially  Essay  II,  sect.  3. 

I,  King  Edward,  greet  bishop  Wulfwig  and  earl  Gyrth  and  all  my 
thanes  in  Oxfordshire  amicably,  and  I  make  known  to  you  that  I  have 
given  to  Christ  and  Saint  Peter  in  Westminster,  the  village  in  which  I 
was  born,  by  name  Islip,  and  a  half-hide  at  Marsh,  scot-free  and  rent 
free,  with  all  the  things  which  thereto  belong,  in  wood  and  in  field,  in 
mead  and  in  water,  with  church  and  with  church  socn,  as  full  and  as 
complete  and  as  free  as  it  stood  in  my  own  hand,  and  as  Aelfgifu  Em- 
ma, my  mother,  gave  it  to  me  at  my  birthday,  as  a  first  gift,  and  nat- 
urally bequeathed  it.  And  I  give  them,  moreover,  sac  and  socn, 
toll  and  team,  and  infangenethe  of  and  bloodwite  and  wardwite  and 
hamsocn,  and  foresteal,  grithbryce  and  mundbryce,  and  all  the  rights 
which  to  me  belong.  I  now  greet  well  my  beloved  kinsman  at  Walling- 
ford,  and  I  enjoin  thee  that  thou  in  my  stead  deliver  that  land  into  the 
possession  of  the  saint,  for  I  will  on  no  account  allow  that  any  man 
have  any  authority  there,  in  any  thing  or  at  any  times,  except  the  ab- 
bot and  the  brethren,  for  the  monastery's  necessary  requirements.  And 
whoso  shall  faithfully  hold  this  alms  may  God  and  God's  mother  hold 
him  in  everlasting  bliss.  And  whoso  shall  turn  it  aside,  be  he  turned 
aside  from  God  to  the  rigid  tortures  of  hell's  inmates,  unless  he  in  this 
earth  the  more  rigidly  make  amends.  God  and  St.  Peter's  favor  pre- 
serve you. 


14  TRANSLATIONS    AND   REPRINTS. 

4.    FROM   THE   CAPITULARY   OF   KIERSEY,    A.  D.,  877. 
M.  G.,  LL.,  Vol.  I,  p.  542.       Latin. 

If  a  count  of  this  kingdom,  whose  son  is  with  us,  shall  die,  our  son 
with  the  rest  of  our  faithful  shall  appoint  some  one  of  the  nearest  rela- 
tives of  the  same  count,  who,  along  with  the  officials  of  his  province  and 
with  the  bishop  in  whose  diocese  the  same  province  is,  shall  administer 
that  province  until  announcement  is  made  to  us,  so  that  we  may  honor  his 
son  who  is  with  us  with  his  honors. 

If,  however,  he  had  a  minor  son,  this  same  son,  along  with  the 
officials  of  that  province  and  with  the  bishop  in  whose  diocese  it  is,  shall 
make  provision  for  the  same  province  until  the  notice  of  the  death  of  the 
same  count  shall  come  to  us,  that  his  son  may  be  honored,  by  our  con- 
cession, with  his  honors. 

If,  however,  he  had  no  son,  our  son  along  with  the  rest  of  the  faith- 
ful, shall  take  charge,  who,  along  with  the  officials  of  the  same  province 
and  with  the  proper  bishop  shall  make  provision  for  the  same  province 
until  our  order  may  be  made  in  regard  to  it.  Therefore,  let  him  not 
be  angry  who  shall  provide  for  the  province  if  we  give  the  same  pro- 
vince to  another  whom  it  pleases  us,  i*ather  than  to  him  who  has  so  far 
provided  for  it. 

Similarly  also  shall  this  be  done  concerning  our  vassals.  And  we 
will  and  command  that  as  well  the  bishops  asthe  abbots  and  the  counts, 
and  any  others  of  our  faithful  also,  shall  study  to  preserve  this  toward 
their  men. 


II.     FEUDAL  INSTITUTIONS,  A.  D.  1 100-1400. 

The  relation  of  lord  and  vassal,  the  engagements  between  lord  and  tenant,  and 
the  feudal  possession  of  political  powers,  as  time  passed  on,  obtained  a  greater 
amount  of  fixedness  and  uniformity.  That  is  to  say,  there  came  to  be  well-defined 
feudal  institutions  in  existence.  Moreover,  in  local  tradition,  in  documentary 
formulas,  in  charters  issued  by  kings  or  great  feudal  lords,  and  finally  in  legal 
treatises,  such  as  the  Cozclumters  oivarionii  French  provinces,  i\\Q  Sachsenspiegel, 
or  the  Libri  Feudorum ,  there  grew  up  a  body  of  established  feudal  law  or 
custom  which  could  be  appealed  to  as  authoritative.  Thus  by  the  thirteenth  cen- 
tury Feudalism,  as  far  as  it  extended,  was  a  tolerably  regular  system.  But  by  this 
time  also  many  non-feudal  influences  were  already  growing  in  strength.  The  cen- 
tralized monarchies,  city  life,  the  system  of  national  estates,  commerce,  manufac- 
tures, money  capital,  were  increasing  in  influence  while  feudal  institutions  were 
both  absolutely  and  relatively  losing  in  importance.  Feudalism  therefore  merely 
bridges  over  the  chasm  lying  between  one  set  of  orderly  institutions,    those  of  the 


GRANTS   OF   FIEFS.  I5 

Roman  Empire  and  the  early  barbarian  monarchies,  and  anothei",  those  of  the  re- 
viving national  monarchies  of  the  thirteenth  and  subsequent  centuries.  The  docu- 
ments in  Part  II  are  intended  to  illustrate  feudal  institutions  as  they  took  shape  in 
the  twelfth  and  thirteenth  centuries. 

I.     GRANTS  AND  ACKNOWLEDGMENTS  OF  FIEFS. 

I.  ACKNOWLEDGMENT  OF  FEUDAL  TENURE,  A.  D.  I220. 
Quantin,  Recueil  de  Pieces  du  XIII  Si^cle  No.  264,  p.  116.  Latin. 
I,  Guy,  lord  of  Maligny,  make  known  to  all  who  shall  see  this 
present  letter  that  I  hold  from  the  count  of  Champagne,  the  chateau 
of  Maliguy,  and  the  manors  which  are  subject  to  the  jurisdiction  of  and 
liable  to  revert  to  the  same  count  at  small  and  great  force,  and  the 
knights'  fees  which  are  held  from  Maligny,  and  whatever  I  have  at  La 
Chapelle,  near  Maligny,  and  whatever  I  have  at  Beine,  except  Henry 
and  his  family,  and  Sir  Guy  of  Montreal,  and  whatever  I  have  at 
Chablis,  which  is  in  the  name  of  my  wife.  And  that  this  may  be  known 
for  the  future  I  have  strengthened  the  present  letter  with  the  support 
of  my  seal.  Given  in  the  year  of  grace  1220,  in  the  month  of 
February. 

2.  GRANT    OF    A    FIEF,    A.  D.,    1 2 GO. 
Quantin:  Recueil  de  Pieces  du  XIII  Siecle,  No.  2.     Latin. 

I,  Thiebault,  count  palatine  of  Troyes,  make  known  to  those  present 
and  to  come  that  I  have  given  in  fee  to  Jocelyn  d'Avalon  and  his  heirs 
the  manor  which  is  called  Gillencourt,  which  is  of  the  castellanerie  of 
La  Ferte  sur  Aube ;  and  whatever  the  same  Jocelyn  shall  be  able  to 
acquire  in  the  same  manor  I  have  granted  to  him  and  his  heirs  in  aug- 
mentation of  that  fief.  I  have  granted,  moreover,  to  him  that  in  no 
free  manor  of  mine  will  I  retain  men  who  are  of  this  gift.  The  same 
Jocelyn,  moreover,  on  account  of  this  has  become  my  liege  man,  saviug 
however,  his  allegiance  to  Gerard  d'Arcy,  and  to  the  lord  duke  of  Bur- 
gundy, and  to  Peter,  count  of  Auxerre.  Done  at  Chouaude,  by  my  own 
witness,  in  the  year  of  the  Incarnation  of  our  Lord  1200  in  the  month 
of  January.     Given  by  the  hand  of  Walter,  my  chancellor ;  note  of  Milo. 

3.  GRANT   OF    A    FIEF,  A.  D.,    II 67. 
Brussel:  Usage  des  Fiefs,  I,  3,  note.     Latin. 

Inthenameof  the  Holy  and  Undivided  Trinity,  Amen.  I,  Louis, 
by  the  grace  of  God,  king  of  the  French,  make  known  to  all  present  as 


1 6  TRANSLATIONS   AND   KEPEINTS. 

well  as  to  come,  that  at  Mante  in  our  presence,  Count  Henry  of  Cham- 
pagne conceded  theiiefof  Savigny  to  Bartholomew,  bishop  of  Beauvais, 
and  his  successors.  And  for  that  fief  the  said  bishop  has  made  promise 
and  engagement  for  one  knight  and  justice  and  service  to  Count  Henry ; 
and  he  has  also  agreed  that  the  bishops  who  shall  come  after  him  will  do 
likewise.  In  order  that  this  may  be  understood  and  known  to  posterity 
we  have  caused  the  present  charter  to  be  corroborated  by  our  seal ;  done 
at  Mante,  in  the  year  of  the  Incarnate  Word  1167  ;  present  in  our 
palace  those  whose  names  and  seals  are  appended :  seal  of  count  Thie- 
bault,  our  steward ;  seal  of  Guy,  the  butler ;  seal  of  Matthew,  the  cham- 
berlain; seal  of  Ralph,  the  constable.  Given  by  the  hand  of  Hugh, 
the  chancellor. 

4.  FEUDAL  HOLDINGS  IN  ENGLAND,  A.  D.  II 66. 
Red  Book  of  the  Exchequer,  Rolls  Series,  Vol.  I,  pp.  246,  342,  312,  313.  Latin. 
In  1 166  an  order  seems  to  have  been  sent  out  from  the  royal  Exchequer  in 
England  requiring  all  tenants-in-chief  to  make  formal  report  to  the  king  of  the 
number  and  names  of  the  subtenants  who  had  been  enfeoffed  on  their  lands  previ- 
ous to  1 135,  of  those  subsequently,  and  of  the  number  they  owed  to  the  king  from 
their  lands  in  addition  to  these  military  subtenants.  The  returns  to  this  summons, 
which  give  exceedingly  valuable  information  for  the  military  side  of  feudalism,  are 
preserved  in  the  "Red  Book  of  the  Exchequer,"  lately  pubUshed  in  the  Rolls  Series, 
and  interpreted  by  Mr.  J.  H.  Round  in  his  work  entitled  ''Feudal  England,'^ 
especially  pp.  236  ff. 

To  his  dearest  lord  Henry,  by  the  grace  of  God  king  of  the  Eng- 
lish, William  of  London,  greeting : 

Know  that  I  have  no  knight  enfeoffed  of  old  or  recently,  but  I 
ought  to  defend  my  fief  with  the  service  of  my  body. 

To  Henry,  by  the  grace  of  God  king  of  the  English,  Peter  de 
Mare,  greeting: 

Let  it  be  known  to  you  that  I  hold  Lavington,  by  your  grace,  in 
domain,  for  the  service  of  two  knights.  But  I  have  no  knight  enfeoffed 
there,  either  by  old  or  recent  feoffment. 

■  To  Henry,  king  of  the  English,  duke  of  the  Normans  and  Aquita- 
nians,  and  count  of  the  Angevins,  Roger  de  Burun,  greeting : 

Concerning  my  knights  in  the  time  of  king  Henry,  know  this  to  be 
true :  W.  de  Heriz  holds  two  knights'  fees ;  Roger  de  Uordingestoke 
two  knights'  fees ;  Patrick  de  Rosel,  one  knights'  fee  ;  and  Albert,  whom 
my  father  enfeoffed  after  the  death  of  king  tienry,  one  knights'  fee. 
And  I  myself  fulfill  the  service  of  four  knights  from  my  domain. 


GRANTS   OF   FIEFS.  1 7 

Earl  Walter  GiffarcP  had  these  knights  eDfeoffed  in  old  feoffment; 
Hugh  Bolebeche  owed  the  earl  the  service  of  twenty  knights ;  Geoffrey 
Fitz- William,  of  twenty -seven  knights ;  Manasser  Bisset,  of  one  knight ; 
William  de  Saukeville,  of  one  knight;  Hugh  de  Noers,  of  one  knight; 
Gerard  de  Granville,  of  three  knights ;  Wido  de  Rocheford,  of  three 
knights ;  Richard  Talbot,  of  two  knights ;  William  Passeleue,  of  three 
knights;  William  Buteri,  of  five  knights;  Peter  Corbuzone,  of  five 
knights;  Richard  Fitz-Mabel,  of  four  knights ;  Gerard  de  Reddenham, 
of  two  knights ;  Walter  de  Weston,  of  two  knights ;  Jordan  de  Belnair, 
of  two  knights ;  Pagan  de  Dertone,  of  one  knight ;  Henry  de  Oyli,  of 
one  knight;  Hugh  de  Cresi,  of  one  knight ;  Elias  GifFard,  of  two  knights. 
Robert  de  Neville,  of  one  knight ;  Ralph  de  Lucinton,  of  one  knight ; 
Matilda  de  Bee,  of  one  knight ;  the  son  of  William  Fitz-Roger,  of  one 
knight;  Hamo  Fitz-Bener,  of  half  a  knight;  Roger  de  St.  Faith,  of  half 
a  knight ;  Robert  de  Bedford,  of  half  a  knight ;  Sawalle  de  Crendon, 
of  half  a  knight,  supported  by  the  earl ;  Gerard  de  Bodingham,  of  half 
a  knight;  Alan  de  Bodingham,  of  half  a  knight;  Adam  de  St.  Law- 
rence, of  half  a  knight :  Richar  de  Witewelle,  of  half  a  knight ;  Richard 
Makerel,  of  half  a  knight.  Of  recent  feoffment,  Hugh  deMillville  has 
the  fee  of  half  a  knight ;  William  Cokerel,  of  half  a  knight ;  William 
de  Bureville,  of  half  a  knight. 


5.  GRANT  OF  A  FIEF  OF  MONEY,  A.  D.,  I380. 
Boutaric ;  Institutions  Militaires  de  la  France,  p.  121.  Latin. 
We,  Regnault  de  Fauquemont,  knight,  lord  of  Bournes  and  of 
Sitter,  make  known  to  all  by  these  presents,  that  we  have  become  liege 
man  of  the  king  of  France,  our  lord,  and  to  him  have  made  faith  and 
homage  because  of  1000  livres  of  Tours  of  income  which  he  has  given 
to  us  during  our  life,  to  be  drawn  from  his  treasury  at  Paris.  And  we 
have  promised  to  him  and  do  promise  by  these  presents  to  serve  him 
loyally  and  well  in  his  wars  and  otherwise  against  all  who  can  live  and 
die,  in  the  form  and  manner  in  which  a  good  and  loyal  subject  ought 
to  serve  his  sovereign  lord.  In  testimony  of  which  we  have  put  our 
seal  to  these  present  letters.  Given  at  Paris,  the  15th  day  of  June,  the 
year  1380. 


*  Earl  of  Buckinghamshire, 


1 8  TRANSLATIONS    AND   REPRINTS. 

11.  THE  CEREMONY  OF  HOMAGE  AND  FEALTY. 

I.       HOMAGE   AND   FEALTY   TO   COUNT   OF    FLANDERS,    A.    D.,    II 27. 

Gaibert  de  Bruges,  Chronicle  of  the  Death  of  Charles  the  Good, 

Ed.  by  Pirenne,  p.  89.     Latin. 

Through  the  whole  remaining  part  of  the  day  those  who  had  been 
previously  enfeoffed  by  the  most  pious  count  Charles,  did  homage  to 
the  count,  taking  up  now  again  their  iiefs  and  offices  and  whatever  they 
had  before  rightfully  and  legitimately  obtained.  On  Thursday  the 
seventh  of  April,  homages  were  again  made  to  the  count  being  com- 
pleted in  the  following  order  of  faith  and  security. 

First  they  did  their  homage  thus,  the  count  asked  if  he  was  willing 
to  become  completely  his  man,  and  the  other  replied,  "I  am  willing"; 
and  with  clasped  hands,  surrounded  by  the  hands  of  the  count,  they 
were  bound  together  by  a  kiss.  Secondly,  he  who  had  done  homage 
gave  his  fealty  to  the  representative  of  the  count  in  these  words,  "I 
promise  on  my  faith  that  I  will  in  future  be  faithful  to  count  William, 
and  will  observe  my  homage  to  him  completely  against  all  persons  in 
good  faith  and  without  deceit,"  and  thirdly,  he  took  his  oath  to  this 
upon  the  relics  of  the  saints.  Afterward,  with  a  little  rod  which  the 
count  held  in  his  hand,  he  gave  investitures  to  all  who  by  this  agree- 
ment had  given  their  security  and  homage  and  accompanying  oath. 


2.       CHARTER   OF   HOMAGE   AND   FEALTY,    A.    D.,    IIIO. 

Teulet:  Layettes  du  Tresor  desChartes,  No.,  39,  Vol.  I,  p.  36.     Latin. 

In  the  name  of  the  Lord,  I,  Bernard  Atton,  Viscount  of  Carcas- 
sonne, in  the  presence  of  my  sous,  Roger  and  Trencavel,  and  of  Peter 
Roger  of  Barbazan,  and  William  Hugo,  and  Raymond  Mantellini,  and 
Peter  de  Vietry,  nobles,  and  of  many  other  honorable  men,  who  had 
come  to  the  monastery  of  St.  Mary  of  Grasse,  to  the  honor  of  the  festi- 
val of  the  august  St.  Mary ;  since  lord  Leo,  abbot  of  the  said  monastery, 
has  asked  me,  in  the  presence  of  all  those  above  mentioned,  to  acknowl- 
edge to  him  the  fealty  and  homage  for  the  castles,  manors,  and  places 
which  the  patrons,  my  ancestors,  held  from  him  and  his  predecessors  and 
from  the  said  monastery  as  a  fief,  and  which  I  ought  to  hold  as 
they  held,  I  have  made  to  the  lord  abbot  Leo  acknowledgment  and 
homage  as  I  ought  to  do. 

Therefore,  let  all  present  and  to  come  know  that  I  the  said  Ber- 


HOMAGE    AND    FEALTY.  1 9 

nard  Atton,  lord  and  viscount  of  Carcassonne,  acknowledge  verily  to 
thee  my  lord  Leo,  by  the  grace  of  God,  abbot  of  St.  Mary  of  Grasse, 
and  to  thy  successors  that  I  hold  and  ought  to  hold  as  a  fief,  in  Carcas- 
sonne, the  following :  that  is  to  say,  the  castles  of  Confoles,  of  Leocque, 
of  Capendes,  (which  is  otherwise  known  as  St.  Martin  of  Sussagues) ; 
and  the  manors  of  Mairac,  of  Albars  and  of  Musso ;  also,  in  the 
valley  of  Aquitaine,  Rieux,  Traverina,  Herault,  Archas,  Servians, 
Villatritoes,  Tansiraus,  Presler,  Cornelles.  Moreover,  I  acknowledge 
that  I  hold  from  thee  and  from  the  said  monastery  as  a  fief  the  castle  of 
Termes  in  Narbonne ;  and  in  Minerve  the  castle  of  Ventaion,  and  the 
manors  of  Cassanolles,  and  of  Ferral  and  Aiohars  ;  and  in  Le  Rog^s, 
the  little  village  of  Longville  ;  for  each  and  all  of  which  I  make  homage 
and  fealty  with  hands  and  with  mouth  to  thee  my  said  lord  abbot  Leo 
and  to  thy  successors,  and  I  swear  upon  these  four  gospels  of  God  that 
I  will  always  be  a  faithful  vassal  to  thee  and  to  thy  successors  and  to 
St.  Mary  of  Grasse  in  all  things  in  which  a  vassal  is  required  to  be 
faithful  to  his  lord,  and  I  will  defend  thee,  my  lord,  and  all  thy  suc- 
cessors, and  the  said  monastery  and  the  monks  present  and  to  come  and 
the  castles  and  manors  and  all  your  men  and  their  possessions  against 
all  malefactors  and  invaders,  at  my  request  and  that  of  my  successors 
at  my  own  cost ;  and  I  will  give  to  thee  power  over  all  the  castles  and 
manors  above  described,  in  peace  and  in  war,  whenever  they  shall  be 
claimed  by  thee  or  by  thy  successors. 

Moreover  I  acknowledge  that,  as  a  recognition  of  the  above  fiefs, 
I  and  my  successors  ought  to  come  to  the  said  monastery,  at  our  own 
expense,  as  often  as  a  new  abbot  shall  have  been  made,  and  there  do 
homage  and  return  to  him  the  power  over  all  the  fiefs  described  above. 
And  when  the  abbot  shall  mount  his  horse  I  and  my  heirs,  viscounts  of 
Carcassonne,  and  our  successors  ought  to  hold  the  stirrup  for  the  honor 
of  the  dominion  of  St.  Mary  of  Grasse ;  and  to  him  and  all  who  come 
with  him,  to  as  many  as  two  hundred  beasts,  we  should  make  the  abbot's 
purveyance  in  the  borough  of  St.  Michael  of  Carcassonne,  the  first  time 
he  enters  Carcassonne,  with  the  best  fish  and  meat  and  with  eggs  and 
cheese,  honorably  according  to  his  will,  and  pay  the  expense  of  the 
shoeing  of  the  horses,  and  for  straw  and  fodder  as  the  season  shall  require. 

And  if  I  or  my  sons  or  their  successors  do  not  observe  to  thee  or  to 
thy  successors  each  and  all  the  things  declared  above,  and  should  come 
against  these  things,  we  wish  that  all  the  aforesaid  fiefs  should  by  that 


20  TKANSLATIONS  AND   REPRINTS. 

very  fact  be  handed  over  to  thee  and  to  the  said  monastery  of  St.  Mary 
of  Grasse  and  to  thy  successors. 

I,  therefore,  the  aforesaid  lord  Leo,  by  the  grace  of  God,  abbot  of 
St.  Mary  of  Grasse,  receive  the  homage  and  fealty  for  all  the  fiefs  of 
castles  and  manors  and  places  which  are  described  above ;  in  the  way 
and  with  the  agreei^ents  and  understandings  written  above  ;  and  likewise 
I  concede  to  thee  and  thy  heirs  and  their  successors,  the  viscounts  of  Car- 
cassonne, all  the  castles  and  manors  and  places  aforesaid,  as  a  fief,  along 
with  this  present  charter,  divided  through  the  alphabet.  And  I  promise 
to  thee  and  thy  heirs  and  successors,  viscounts  of  Carcassonne,  under  the 
religion  of  my  order,  that  I  will  be  good  and  faithful  lord  concerning 
all  those  things  described  above. 

Moreover,  I,  the  aforesaid  viscount,  acknowledge  that  the  little 
villages  of  Cannetis,  Maironis,  Villamag-na,  Aiglino,  Villadasas,  Villa- 
francos,  Villadenz,  Villaudriz,  St.  Genese,  Gauart,  Conguste  and  Mata, 
with  the  farm-house  of  Mathus  and  the  chateaux  of  Villalauro  and  Claro- 
mont,  with  the  little  villages  of  St.  Stephen  of  Surlac,  and  of  Upper  and 
Lower  Agrifolio,  ought  to  belong  to  the  said  monastery,  and  w^hoever 
holds  anything  there  holds  from  the  same  monastery,  as  we  have  seen 
and  have  heard  read  in  the  privileges  and  charters  of  the  monastery, 
and  as  was  there  written. 

Made  in  the  year  of  the  Licarnation  of  the  Lord  1110,  in  the  reign 
of  Louis.  Seal  of  Bernard  Atton,  viscount  of  Carcassonne,  seal  of  Ray- 
mond Mantellini,  seal  of  Peter  Roger  of  Barbazon,  seal  of  Roger,  son 
of  the  said  viscount  of  Carcassonne,  seal  of  Peter  de  Vitry,  seal  of  Tren- 
cavel,  son  of  the  said  viscount  of  Carcassonne,  seal  of  William  Hugo, 
seal  of  lord  abbot  Leo,  who  has  accepted  this  acknowledgment  of  the 
homage  of  the  said  viscount. 

And  I,  the  monk  John,  have  written  this  charter  at  the  command 
of  the  said  lord  Bernard  Atton,  viscount  of  Carcassonne  and  of  his  sons, 
on  the  day  and  year  given  above,  in  the  presence  and  witness  of  all  those 
named  above. 


3.       LEGAL    RULES    FOR    HOMAGE   AND   FEALTY. 
EtablissementsdeSt.  Louis,  II.c.  19.  P:d.  by  Viollet,Vol.  II,  pp.  395,  ff.  Old  French. 

If  any  one  should  hold  from  a  lord  in  fee,   he  ought  to  seek  his 
lord  within  forty  days,  and  if  he  does  not  do  it  within  forty  days  the 


SUB-INFEUDATIOK.  21 

lord  may  and  ought  to  seize  his  fief  for  default  of  homage,  and  the  things 
which  should  be  found  there  he  should  seize  without  return,  and  yet  the 
vassal  would  be  obliged  to  pay  to  his  lord  the  redemption.  When  any 
one  wishes  to  enter  into  the  fealty  of  a  lord,  he  ought  to  seek  him,  as  we 
have  said  above,  and  should  say  as  follows:  ''Sir,  I  request  you  as  my 
lord,  to  put  me  in  your  fealty  and  in  your  homage  for  such  and  such  a 
thing  situated  in  your  fief,  which  I  have  bought."  And  he  ought  to  say 
from  what  man,  and  this  one  ought  to  be  present  and  in  the  fealty  of 
the  lord ;  and  whether  it  is  by  purchase  or  by  escheat  or  by  inheritance 
he  ought  to  explain;  and  with  his  hands  joined,  to  speak  as  follows: 
"Sir,  I  become  your  man  and  promise  to  you  fealty  for  the  future  as  my 
lord  towards  all  men  who  may  live  or  die,  rendering  to  you  such  ser- 
vice as  the  fief  requires,  making  to  you  your  relief  as  you  are  the  lord." 
And  he  ought  to  say  whether  for  guardianship,  or  as  an  escheat,  or  as 
an  inheritance  or  as  a  purchase. 

The  lord  should  immediately  reply  to  him  :  "And  I  receive  you 
and  take  you  as  ray  man,  and  give  you  this  kiss  as  a  sign  of  faith,  saving 
my  right  and  that  of  others,"  according  to  the  usage  of  the  various  dis- 
tricts. 

And  the  lord  may  take  the  revenues  and  the  products  of  the  year, 
if  the  relief  is  not  paid  to  him,  and  also  money  rents.  But  no  one  makes 
money  payments  for  a  guardianship,  or  for  a  dowry,  or  for  a  partition, 
or  for  a  report  of  the  extent  of  the  fief,  according  to  the  usages  of  vari- 
ous districts ;  except  in  the  one  case  that  the  one  who  holds  in  guardian- 
ship ought  to  give  security  to  the  parties  that  when  the  child  shall  come 
of  age  the  one  who  has  the  guardianship,  will  do  it  at  his  own  expense 
and  at  his  cost,  and  will  guarantee  the  socage  tenants  for  any  payments. 
It  is  thus  in  the  case  of  a  fief,  but  in  villenage  there  is  no  guardianship. 

III.     SUB-INFEUDATION. 

I.   FROM  THE  ENGLISH  EXCHEQUER  ROLLS,  A.  D.,  1 254. 

Madox:  History  of  the  Exchequer,  p.  415.  Latin. 
Commandment  is  given  to  the  sheriff*  of  Worcester,  that  if  Baldwin 
de  Frivill  does  not  hold  from  the  king  in  capite,  but  from  Alexander  de 
Abetot,  and  Alexander  from  William  de  Beauchamp,  and  William 
from  the  bishop  of  Worcester,  and  the  bishop  from  the  king  in  capite, 
as  the  same  Baldwin  says ;  then  the  said  Baldwin  is  to  have  peace  from 
the  distraint  which  has  been  made  upon  him  for  the  aid  to  make  the 
king's  son  a  knight. 


22  TRANSLATIONS   AND   REPRINTS. 

2.       FROM    THE    ENGLISH    HUNDRED    ROLLS,    A.  D.,    1 279. 
Rotuli  Hundredorum,  II,  862,  673,  and  681  fif.     Latin. 

Robert  de  Komeny  holds  one  knight's  fee  in  the  vill  of  Steeple- 
ton  for  homage  and  his  service  from  William  de  Leybonrne,  and  he 
shall  pay  scutage,  when  it  runs,  for  one  shield,  viz :  forty  shillings ;  and 
William  de  Leybonrne  holds  from  the  countess  of  Albemarle,  and  the 
countess  from  the  lord  king  in  capite. 

Roger  of  St.  Germain  holds  one  messuage  from  Robert  of  Bed- 
ford on  the  service  of  paying  3d.  to  the  aforesaid  Robert,  from  whom 
he  holds  and  of  paying  6d.  to  Richard  Hylchester  in  place  of  the  said 
Robert,  who  holds  from  him.  And  the  said  Richard  holds  from  Alan 
de  Chartres,  and  pays  him  2d.  a  year  and  Alan  from  William  the  But- 
ler, and  the  same  William  from  lord  Gilbert  de  Neville,  and  the  same 
Gilbert  from  the  lady  Devorguilla  de  Balliol,  and  Devorguilla  from  the 
king  of  Scotland,  and  the  same  king  from  the  king  of  England. 

Sir  Adam  de  Cretinges  holds  and  accounts  in  the  vill  of  Stough- 
ton,  for  four  knights'  fees  from  the  bishop  of  Lincoln,  and  the  bishop  from 
the  king.  The  same  Adam  holds  by  homage  and  scutage,  when  it  runs, 
and  has  in  demesne  13  score  acres  of  arable  land  and  3  messuages  of  2 
acres,  and  40  acres  of  woods  and  7  acres  of  meadow  and  10  acres  of 
separable  pasture. 

II  villeins,  each  with  a  virgate  of  20  acres,  a  house,  and  some  meadow, 

and  each  performing  certain  weekly  works,  ploughing,  etc. 
l6  cottars,  each  with  a  cottage  and  a  rood  of  land,   and  each  paying 

12  d.  a  year  and  performing  certain  labor. 
I  cottar  with  a  half  acre,  and  2  with  houses  only. 
Sir  Anselm  de  Gyse  holds  and  accounts  for  two  knights'  fees,  from 
the  same  Adam  for  half  a  mark  a  year  and  for  scutage  when  it  hap- 
pens ;  and  he  has  in  his  garden,  with  a  house  and  vineyard,   6  acres  of 
land;  and  of  arable  land  13  score  acres,  and  in  meadows  7  acres,  and 
in  separable  pasture  10  acres  and  in  woods  8  acres. 
6  villeins,  each  with  20  acres,  etc.,  as  above. 
The  prior  of  Bissemede  holds  one  knight's  fee  from  the  said  Anselm 
and  pays  to  him   scutage   when   it  happens.     The  same  prior  has  in 
his  garden  with  the  house  8  acres,  and  5  score  acres  of  arable  land,  and 
8  acres  of  woods  and  8  acres  of  meadow,  and  6  acres  of  separable  pasture. 
5  free  tenants  with  a  total  of  63X  acres  of  arable  land,  etc. 
3  villeins  with  a  total  of  l^  virgates. 
5  cottars  each  with  a  cottage. 


DUTIES   OE   VASSALS   AND   LORDS.  23 

Geoffrey,  son  of  Everard  of  Stoughton  holds  half  a  knight's  fee 
from  the  said  Anselm  for  homage  and  foreign  service,  and  has  in  de- 
mesne 6  score  acres  of  arable  land,  and  in  garden  with  a  messuage  one 
acre  and  a  half  and  4  acres  of  woods  and  2  acres  of  separable  pasture. 

I  free  holder  with  6  acres. 

William  Schohisfoot  holds  the  twelfth  part  of  one  knight's  fee  from 
the  aforesaid  Anselm  for  homage  and  foreign  service,  and  has  in  gar- 
den with  the  house  one  acre  and  a  half,  and  in  arable  land  20  acres, 
and  3  acres  of  meadow ;  and  he  ought  to  have  common  with  his  beasts 
in  the  meadow  which  is  called  Mora. 

William  Dingle  holds  from  the  said  William  one  acre  and  a  half 
of  land,  and  pays  annually  1  d. 

Various  free  and  villein  tenants  holding  immediately  and  mediately 
from  Sir  Adam  de  Cretinges. 

IV.     MUTUAL  DUTIES  OF  VASSALS  AND  LORDS. 

I.       LETTER  FROM  BISHOP  FULBERT  OF  CHARTRES,  A.  D.,    I020. 
Recueil  des  Hist,  des  Gaules  et  de  la  France,  X,  463.     Latin. 

To  William  most  glorious  duke  of  the  Aquitanians,  bishop  Ful- 
bert  the  favor  of  his  prayers. 

Asked  to  write  something  concerning  the  form  of  fealty,  I  have 
noted  briefly  for  you  on  the  authority  of  the  books  the  things  which 
follow.  He  who  swears  fealty  to  his  lord  ought  always  to  have  these 
six  things  in  memory ;  what  is  harmless,  safe,  honorable,  useful,  easy, 
practicable.  Harmless,  that  is  to  say  that  he  should  not  be  injurious 
to  his  lord  in  his  body ;  safe,  that  he  should  not  be  injurious  to  him  in 
his  secrets  or  in  the  defenses  through  which  he  is  able  to  be  secure ; 
honorable,  that  he  should  not  be  injurious  to  him  in  his  justice  or  in 
other  matters  that  pertain  to  his  honor ;  useful,  that  he  should  not  be 
injurious  to  him  in  his  possessions;  easy  or  practicable,  that  that  good 
which  his  lord  is  able  to  do  easily,  he  make  not  difficult,  nor  that  which 
is  practicable  he  make  impossible  to  him. 

However,  that  the  faithful  vassal  should  avoid  these  injuries  is 
proper,  but  not  for  this  does  he  deserve  his  holding  ;  for  it  is  not  suffi- 
cient to  abstain  from  evil,  unless  what  is  good  is  done  also.  It  remains, 
therefore,  that  in  the  same  six  things  mentioned  above  he  should  faith- 
fully counsel  and  aid  his  lord,  if  he  wishes  to  be  looked  upon  as  worthy 
of  his  benefice  and  to  be  safe  concerning  the  fealty  which  h<^  hri?  '^-^ 'r-\ 


24  TRANSLATIONS   AND   IIEI>R1NTS. 

The  lord  also  ought  to  act  toward  his  faithful  vassal  reciprocally 
in  all  these  things.  And  if  he  does  not  do  this  he  will  be  justly  con- 
sidered guilty  of  bad  faith,  just  as  the  former,  if  he  should  be  detected  in 
the  avoidance  of  or  the  doing  of  or  the  consenting  to  them,  would  be 
perfidious  and  perjured. 

I  would  have  written  to  you  at  greater  length,  if  I  had  not  been 
occupied  with  many  other  things,  including  the  rebuilding  of  our  city 
and  church  which  was  lately  entirely  consumed  in  a  great  fire;  from 
which  loss  though  we  could  not  for  a  while  be  diverted,  yet  by  the  hope 
of  the  comfort  of  God  and  of  you  we  breathe  again. 

2.       FROM   AN    ENGLISH   CODE   OF   THE   TWELFTH    CENTURY. 
Leges  Henrici,  LXXXlI,  3,  4  :  Thofpe  :  Anc.  Laws  and  Inst.  I,  590.      Latin. 

And  it  is  allowable  to  any  one,  without  punishment,  to  support  his 
lord,  if  any  one  assails  him,  and  to  obey  him  in  all  legitimate  ways, 
except  in  theft,  murder,  and  in  all  such  things  as  are  not  conceded  to 
any  one  to  do  and  are  reckoned  infamous  by  the  laws. 

The  lord  ought  to  do  likewise  equally  with  counsel  and  with  aid ; 
and  he  may  come  to  his  man's  assistance  in  his  vicissitudes  in  all  ways, 
without  forfeiture. 


V.     AUTHOEITY  OF  THE  LORD  OVER  THE  MARRIAGES 

OF  VASSALS. 

1.       ACKNOWLEDGMENT   OF    COUNTESS    OF    NEVERS,    A.    D.,    1 22 1. 
Quantin,  Rectieil  de  Pieces  du  XIII  Siejcle,  No.  274,  p.  120.      Latin. 

I,  Matilda,  countess  of  Nevers  make  known  to  all  who  shall  see 
this  present  letter,  that  I  have  swoni  upon  the  sacred  gospels  to  my 
dearest  lord,  Philip,  by  the  grace  of  God,  the  illustrious  king  of  France, 
that  I  will  do  to  him  good  and  faithful  service  against  all  living  men 
and  women,  and  that  I  will  not  marry  except  by  his  will  and  grace. 
For  keeping  these  agreements  firmly  I  have  given  pledges  to  the  same 
lord  king  from  my  men  whom  I  had  with  me,  on  their  oaths,  in  this 
wise,  that  if  I  should  fail  to  keep  the  said  agreements  with  the  lord  king, 
(though  this  shall  not  be),  these  are  held  to  come  to  the  lord  king  with 
all  their  lands  and  fiefs  which  are  held  from  me,  and  shall  take  their 
oaths  to  him  against  me  until  it  shall  have  been  made  good  to  him  to 
his  satisfaction.     And  whenever  the  lord  king  shall  ask  me  I  will  cause 


EIGHT    OVER   MARRIAGE.  25 

him  to  have  similar  oaths  from  my  men  who  were  not  present  with  me 
before  the  lord  king,  that  is  to  say  from  all  whom  I  may  have,  in  good 
faith,  and  without  evil  intention,  and  similarly  the  fealty  of  my  town. 
And  in  order  that  this  may  remain  firm  and  stable,  I  have  written  the 
present  letters  supported  by  my  seal.  Given  at  Melun,  in  the  year  of 
the  Lord  1221,  in  the  month  of  February. 

2.       FROM  THE  CHRONICLE  OF  LAMBERT  OF   WATERLOO,  A.  D.   II5I. 
Rec.  des  Hist,  des  Gaules  et  de  la  France,  XIII,  p.  506.     Latin. 

Then  the  young  man  Aegidius,  son  of  Gerard  Maufilatre^  married 
a  wife,  Bertha  by  name,  half-sister  of  Count  Baldwin  of  Hainault  and 
took  her  without  his  assent.  The  count,  extremely  angry  at  this,  im- 
mediately took  up  arms  against  him  at  the  beginning  of  the  month  of 
October.  Thus  from  the  time  in  which  he  had  married  her  till  Whit- 
sunday, with  or  without  consent,  he  kept  her  closely  by  force  and  arms 
at  his  house.  But  Aegidius  having  been  attacked  by  a  severe  fever, 
which  troubled  him  sharply  every  day,  compelled  by  the  counsel  of  his 
friends,  who  had  helped  him  honorably  in  all  things  in  his  war,  dis- 
missed and  openly  abjured  her;  and  peace  was  thus  restored  with  the 
count,  and  the  land  was  peaceful  which  had  been  long  troubled  by 
wars. 

3.       FEES    FOR     LICENSE    TO   MARRY,    A.  D.    II40-1282. 
Eng.  Exchequer  Rolls  ;  Madox  :  Hist,  of  Exchequer,  pp.  320,  322. 

Kalph  son  of  William  owes  100  marks  as  a  fine,  to  be  allowed  to 
marry  Margery  who  was  wife  of  Nicholas  Corbet  who  held  of  the  king 
in  capite,  and  that  the  same  Margery  may  be  allowed  to  marry  him. 

Walter  de  Cancy  renders  account  of  £15  to  be  allowed  to  marry 
a  wife  as  he  shall  choose. 

Wiverona  wife  of  Iverac  of  Ipswich  renders  account  of  £4  and 
1  mark  of  silver  that  she  may  not  have  to  take  any  husband  except  the 
one  she  wishes. 

Emma  de  Normanville  and  Roheisa  and  Margaret  and  Juliana, 
her  sisters,  render  account  of  10  marks  for  license  to  marry  where  they 
wish. 


Hereditary  steward  of  Hainault  and  a  vassal  of  the  count. 


2^  TftANSLATIOKS   AlfD   REPRINTS. 

Roheisa  de  Doura  renders  account  of  £450  to  have  half  of  all  the 
lands  which  belonged  to  Richard  de  Lucy,  her  grandfather,  and  which 
the  brother  of  the  same  Roheisa  had  afterward  as  well  in  England  as  in 
Normandy,  and  for  license  to  marry  where  she  wishes  so  long  as  she 
does  not  marry  herself  to  any  of  the  enemies  of  the  king. 

Alice,  countess  of  Warwick,  renders  account  of  £1000  and  10  pal- 
freys to  be  allowed  to  remain  a  widow  as  long  as  she  pleases,  and  not  to 
be  forced  to  marry  by  the  king.  And  if  perchance  she  should  wish  to 
marry,  she  shall  not  marry  except  with  the  assent  and  on  the  grant  of 
the  king,  where  the  king  shall  be  satisfied  ;  and  to  have  the  custody  of 
her  sons  whom  she  has  from  the  earl  of  Warwick  her  late  husband. 

Hawisa,  who  was  wife  of  William  Fitz  Robert  renders  account  of 
130  marks  and  4  palfreys  that  she  may  have  peace  from  Peter  of 
Borough  to  whom  the  king  has  given  permission  to  marry  her ;  and 
that  she  may  not  be  compelled  to  marry. 

Geoffrey  de  Mandeville  owes  20,000  marks  to  have  as  his  wife 
Isabella,  countess  of  Gloucester,  with  all  the  lands  and  tenements  and 
fiefs  which  fall  to  her. 

VI.     WARDSHIP,  RELIEF,  AND  AIDS. 

I.       WARDSHIP. 

English  Exchequer  Rolls  ;    Madox  :  History  of  the  Exchequer,  pp.  221,  222, 

Thomas  de  Colville  renders  an  account  of  100  marks  for  having 
the  custody  of  the  sons  of  Roger  Torpel  and  their  land  until  they  come 
of  age. 

William,  bishop  of  Ely,  owes  220  marks  for  having  the  custody  of 
Stephen  de  Beauchamp  with  his  inheritance  and  for  marrying  him  where 
he  wishes. 

William  of  St.  Mary's  church,  renders  an  account  of  500  marks 
for  having  the  custody  of  the  heir  of  Robert  Young,  son  of  Robert  Fitz- 
harding,  with  all  his  inheritance  and  all  its  appurtenances  and  fran- 
chises ;  that  is  to  say  with  the  services  of  knights  and  gifts  of  churches 
and  marriages  of  women,  and  to  be  allowed  to  marry  him  to  whatever 
one  of  his  relatives  he  wishes ;  and  that  all  his  land  is  to  revert  to  him 
freely  when  he  comes  of  age. 

Bartholomew  de  Muleton  renders  an  account  of  100  marks  for 
having  the  custody  of  the  land  and  the  heiress  of  Lambert  of  Ibtoft,  and 
for  marrying  the  wife  of  the  same  Lambert  to  whomsoever  he  wishes 


RELIEF.  27 

where  she  shall  not  be  disparaged  and  that  he  may  be  able  to  confer 

her  (the  heiress)  upon  whom  he  wishes. 

2.       RELIEF,  FROM  THE  ENGLISH  EXCHEQUER  ROLLS,   A.  D.  II4O-123O. 
Madox  :    History  of  the  Exchequer,  pp.  216,  218.     Latin. 

Walter  Hait  renders  an  account  of  5  marks  of  silver  for  the  relief 
of  the  land  of  his  father. 

Walter  Brito  renders  an  account  of  £66,  13s.  and  4d.  for  the  relief 
of  his  land. 

Richard  of  Estre  renders  an  account  of  £15  for  his  relief  for  3  knights' 
fees  which  he  holds  from  the  honor  of  Mortain. 

Walter  Fitz  Thomas,  of  Newington,  owes  28s.  4d.  for  having  the 
fourth  part  of  one  knights'  fee  which  had  been  seized  into  the  hand  of 
the  king  for  default  of  relief. 

John  of  Venetia  renders  an  account  of  300  marks  for  the  fine  of 
his  land  and  for  the  relief  of  the  land  which  was  his  father's  and  he 
does  homage  to  the  king  against  all  mortals. 

Ralph,  son  and  heir  of  Ralph  of  Sullega  renders  an  account  of 
100£  for  his  relief  for  the  lands  which  were  Ralph  his  father's  which 
he  held  from  the  king  in  capite. 

John  de  Balliol  owes  £150  for  the  relief  of  30  knights'  fees  which 
Hugh  de  Balliol  his  father  held  from  the  king  in  capite,  that  is  100s.  for 
each  fee. 

Peter  de  Bruce  renders  an  account  of  £100  for  his  relief  for  the 
barony  which  was  of  Peter  his  father. 

3.  ACKNOWLEDGMENT  OP  RELIEF,  A.  D.  1 238. 
Teulet:  Layettes  du  Tresor  des  Chartes,  No.  2777,  Vol.  2,  p.  401.  Latin. 
To  all  to  whom  the  present  writing  shall  come  the  nobleman 
Aimeric,  viscount  of  Chatelherault,  greeting.  Know  that  I  am  held  to 
pay  to  John  de  Vineis,  bailiif  of  the  lord  king,  for  the  rachat  and  relief 
of  the  viscounty  of  Chatelherault  1500  livres  of  Tours,  to  be  paid  to  him 
in  the  place  of  the  lord  king,  that  is  to  say,  at  the  coming  Ascension  500 
livres,  and  at  the  feast  of  All  Saints  next  following  500  livres  and  at 
the  Purification  next  following  500  livres.  And  unless  I  make  com- 
plete satisfaction  for  the  said  money  at  the  said  dates,  I  agree  that  he 
shall  seize  all  my  land  and  all  my  rents  and  even  my  personal  property, 
wherever  they  may  be,  until  I  shall  have  given  complete  satisfaction  for 
the  above  debt. 


28  TRANSLATIONS   AND   REPRINTS. 

For  the  fuller  testimony  and  security  of  which  I  have  confirmed 
the  present  writing  with  my  seal.  Given  A.  D.  1238,  in  the  mouth  of 
February. 

4.       THE  THREE    CUSTOMARY    AIDS. 

(a)     Le  Grand  Coutumier  de  Normandie,  c.  35  ;  Bourdot ;  Nouveau  Coutumier 

General,  Vol.  IV,  p.  18.      Old  French. 

Next  it  is  proper  to  see  the  chief  aids  of  Normandy,  which  are  called 
chief  because  they  should  be  paid  to  the  chief  lords. 

In  Normandy  there  are  three  chief  aids.  One  is  to  make  the  oldest 
son  of  his  lord  a  knight ;  the  second,  to  marry  his  oldest  daughter ;  the 
third  to  ransom  the  body  of  his  lord  from  prison  when  he  is  taken  in 
the  Duke's  war. 

(b)      Madox ;  History  of  the  Exchequer,  pp.  415,  398,  411,  notes.     Latin, 

Aid  granted  to  the  king  (Henry  III.)  for  the  knighting  of  his 
eldest  son,  that  is  to  say  from  each  fee  40s..  The  sheriff  (of  Hereford) 
renders  account  of  40s.  from  John  de  Balun  for  one  fee,  and  of  £30 
from  John  de  Munemul  for  fifteen  fees ;  the  bishop  of  Hereford  renders 
account  of  £30  for  fifteen  fees. 

The  earl  of  Clare  renders  account  of  £94,  lis.  lOd.  for  the  aid  for 
the  daughter  of  the  king,  for  131  knights  and  two-thirds  of  a  knight, 
and  a  third  and  a  fourth  and  an  eighth  and  a  ninth  and  a  tenth  of  a 
knight,  and  two-thirtieths  of  a  knight  of  his  fee ;  and  for  nine  knights  and 
the  fourth  part  of  a  knight  of  the  fee  of  the  countess,  his  wife. 

The  abbot  of  St.  Edmund's  renders  account  of  40  marks  for  the 
same  aid  for  40  knights  whom  he  acknowledges  he  owes  to  the  king. 

Of  the  scutage  of  knights  for  the  ransom  of  the  lord  king.  Con- 
stance, countess  of  Brittany,  renders  account  of  140  knights  whom 
Thomas  of  Borough,  steward  of  the  same  countess  acknowledges  before 
the  barons  to  pertain  to  the  honor  of  the  count  of  Brittany  in  England, 

VII.     MILITARY  SERVICE   OF  TENANTS. 

I.       AN    EARLY    FEUDAL    SUMMONS,  PROBABLY,  A.  D.    IO72. 

Quoted  in  J.  H.  Round:  Feudal  England,  p.  304.     Latin. 

W.  king  of  the  English  to  Aethelwig,  abbot  of  Evesham,  greeting. 

I  command  you  to  summon  all  those  who  are  under  your  charge  and 

jurisdiction  to  have  armed  before  me  by  the   week  after  Whitsunday, 

at  Clarendon  all  the  knights  which  are  due  to  me.     And  do  you  also 


MILITARY    SERVICE.  29 

come  to  rae  on  that  day  and  bring  with  you  armed  those  five  knights 
which  you  owe  to  me  from  your  abbey. .  ■  Witness  Eudo,  the  steward,  at 
Winchester. 

2.       GRANT    BY    AN  ,  ABBOT     TO    A    KNIGHT,    A.    D.     II  GO. 
Historia  Monasterii  de  Abingdon,  R.  S.  Vol.  II,  p.  135.     Latin. 

Abbot  Faritius  also  granted  to  Robert,  son  of  William  Mauduit, 
the  laud  of  four  Jiidesi  in  Weston  which  his  father  had  held  from  the 
former's  predeflesyofc,  to  be  held  as  a  fief.  And  he  should  do  this  ser- 
vice from  it,  t9  wit :  that  whenever  the  church  of  Abingdon  should  per- 
form its  kijiight's  service  he  should  do  the  service  of  half  a  knight  for 
the  same  church  ;  that  is  to  say  in  castle  ward,  in  military  service  be- 
yond and  on  this  side  the  sea,  in  giving  money  in  proportion  to  the 
knights  on  the  capture  of  the  king,  and  in  the  rest  of  the  services  which 
the  other  knights  of  the  church  perform.  He  also  does  homage  to  the 
same  abbot.  This  land  previously  did  the  service  of  three  weeks  yearly 
pnly. 

3.       MILITARY    HOLDINGS    IN    ENGLAND,  A.  D.   1 279. 
Rotuli  Hundredorum :  Vol.   II,  pp.  711,  710,     Latin. 

The  jurors  say  that  Robert  Fitz  Nigel  holds  the  manor  of  Iftele  in 
chief  from  the  king  for  doing  the  service  of  one  knight's  fee  in  the  ser- 
vice of  the  lord  king  when  he  is  in  the  army,  at  his  own  cost,  and  after- 
ward, if  he  shall  be  required,  at  the  cost  of  the  lord  king. 

The  manor  of  Hedington  with  its  hamlets  and  all  its  appurtenances 
is  of  the  ancient  demesne  of  the  crown  of  the  lord  king  and  is  held  in 
chief  from  the  lord  king  for  £20,  at  the  two  terms  of  the  year,  to  be  paid 
to  the  Exchequer  of  the  lord  king,  that  is  to  say,  at  Easter  £10  and  at 
Michaelmas  £10.  And  Hugh  de  Plesens  is  feudatory  of  the  lord  king, 
since  he  is  responsible  to  him  for  one  knight's  fee  when  scutage  runs,  or 
he  must  go  with  the  lord  king  when  he  is  in  the  army  and  serve  him  for 
forty  days  at  his  own  cost,  for  the  aforesaid  manor,  and  if  he  makes  a 

longer  stay,  at  the  expense  of  the  lord  king Hugh 

de  Plesens  holds  the  manor  of  Hedington. 

4.       ACKNOWLEDGMENT   OF   MILITARY   DUTY,  A.    D.    12 12. 
Quantin  :  Rec.  de  Pieces  du  XIII  Siecle,  No.  Ii6,  p.  53.     Latin. 
William,  by  the  grace  of  God  bishop  of  Auxerre  to  all  who  shall 


30  TRANSLATIONS  AND   REPRINTS. 

see  these  presents,  greeting  in  the  Lord.  Know  that  we  acknowledge 
that  we  owe  to  our  lord  Philip,  illustrious  king  of  the  French,  military 
service,  as  is  the  common  service  of  bishops  and  barons ;  and  this  for 
the  future  we  will  perform  through  our  knights,  as  others.  For  the 
same  lord  king  has  released  our  person  from  the  service  of  the  army  so 
long  as  we  live. 

5.       ETABLISSEMENTS   DE   ST.    LOUISj    A.  D    127O. 

Livre  I,  ch.  65  ;  Ed.  by  Viollet,   Vol.  II,  p.  95.     Old  French. 

The  baron  and  all  vassals  of  the  king  are  bound  to  appear  be- 
fore him  when  he  shall  summon  them,  and  to  serve  him  at  their  own 
expense  for  forty  days  and  forty  nights,  with  as  many  knights  as  each 
one  owes;  and  he  is  able  to  exact  from  them  these  services  when  he  wishes 
and  when  he  has  need  of  them.  And  if  the  king  wishes  to  keep  them 
more  than  forty  days  at  their  own  expense,  they  are  not  bound  to  re- 
main if  they  do  not  wish  it.  And  if  the  king  wishes  to  keep  them  at 
his  expense  for  the  defence  of  the  realm,  they  are  bound  to  remain. 
And  if  the  king  wishes  to  lead  them  outside  of  the  kingdom,  they  need 
not  go  unless  they  wish  to,  for  they  have  already  served  their  forty  days 
and  forty  nights. 

6.      SERVICE   OF   THE   COUNT   OF   CHAMPAGNE. 

Matthew  Paris  :  Chronica  Majora,  R.  S.  ;  III,  116.     Latin. 

Then  Louis,  king  of  the  French  in  order  to  escape  from  the  pesti- 
lence, which  was  raging  with  great  severity  in  the  camp  (before  Avignon), 
betook  himself  to  a  certain  abbey  called  Montpensier,  which  was  not  far 
distant  from  the  siege  works,  till  the  city  should  be  captured.  There 
came  to  him  at  that  place  Henry,  count  of  Champagne,  who  had  passed 
forty  days  at  the  siege,  asking  license  to  return  to  his  own  possessions, 
according  to  the  custom  of  France.  When  the  king  refused  his  per- 
mission the  count  replied  that  when  his  military  service  of  forty  days 
had  been  performed,  he  was  not  bound  nor  was  he  willing  to  remain 
longer.  The  king,  however,  was  so  inflamed  by  anger  at  this  that  he 
declared  with  an  oath  that  if  the  count  should  withdraw  then  he  would  de- 
vastate his  whole  land  with  fire.  Then  the  count,  as  the  story  goes,  pro- 
cured poison  to  be  placed  in  the  drink  of  the  king,  on  account  of  his 
desire  for  the  queen,  for  whom  he  had  a  guilty  love,  and  was  so  im- 
pelled by  the  incentive  of  lust  that  he  was  not  able  to  brook  longer  de- 


MILITARY    SERVICE.  3 1 

lay.  When  the  count  had  thus  gone  away  the  king  grew  desperately 
sick,  and  the  poison  reaching  his  vital  parts,  he  came  to  his  end ;  although 
others  say  that  it  was  not  from  poison  but  from  dysentery  that  he  died. 

7.        FRENCH    MILITARY    TENANTS    SUMMONED    TO    THE    ROYAL     ARMY. 
Rec.  des  Hist,  des  Gaules  et  de  la  France,  XXIII,  pp.  753  ff.     Latin. 

In  the  year  1272  the  bishop  of  Paris  came  to  Tours  at  the  citation 
of  the  lord  king  and  presented  himself  in  the  king's  house  on  the 
second  Sunday  after  Easter,  before  Ferrario  de  Verneuil,  knight, 
marshall  of  France,  saying  that  he  had  come  at  the  citation  of  the  lord 
king  prepared  to  fulfill  his  duty ;  who  replied  to  him  that  he  should 
come  again  or  send  at  the  first  hour  of  the  next  day,  because  in  the 
meanwhile  he  could  not  speak  or  respond  to  him,  since  Gregory  of  St. 
Martin  of  Tours  was  absent,  on  account  of  his  weakness,  and  because, 
moreover,  he  was  expecting  new  instructions  from  the  king.  On  the 
next  day  and  on  Tuesday  the  aforesaid  bishop  presented  himself  before 
the  said  marshall,  saying  that  he  had  come  ready  for  the  service  of  the 
king  with  three  knights,  whose  names  w^ere  John  de  Marchiaco,  John  de 
Juliaco  and  Adam  de  Blesum.  He  said  that  if  he  was  held  to  send 
more  he  was  ready  to  do  what  he  ought ;  and  if  he  had  furnished  more 
than  he  owed,  that  this  should  not  bind  either  him  or  the  church  of  Paris 
for  the  future. 

The  bishop  of  Troyes  appeared  for  his  see,  saying  that  he  owed 
two  knights,  whose  names  were  Ralph  and  Droco  de  Pratellis. 

John  de  Rouvraye,  knight,  lord  of  Yneto,  appeared  for  himself  ac- 
knowledging that  he  owed  one  knight  by  reason  of  his  land  of  Rouvraye, 
whom  he  brought  with  him,  that  is  to  say,  John  de  Caim. 

Reginald  Trihan,  knight,  appeared  for  himself  and  goes.^ 

Henry  d'Eauville  did  not  appear,  but  he  sent  for  himself  one 
knight,  William  de  Petra. 

William  Bacon,  knight,  appeared  for  Geoffrey  de  Foret,  who  ow^es 
military  service  for  forty  days ;  he  goes  to  the  army. 

William  de  Coyneres,  knight,  sends  for  himself  Thomas  Chocquet, 
for  ten  days. 

Thomas  de  Cugry,  esquire,  appeared,  saying  that  he  owes  four 

^  i.  e.  into  military  service  with  the  array. 


32  TRANSLATIONS  AND    REPRINTS. 

days ;  he  sends  instead  of  himself  Richard  de  St.  Germain,  who  will 
complete  these  four  days  after  his  own  service. 

Nicholas  Bourdet,  esquire,  appeared  for  himself,  and  goes  to  the 
army ;  and  he  will  be  a  knight  there,  or  will  provide  another  knight. 

John  de  Chanteleu,  knight,  appeared  saying  that  he  owed  ten  days 
for  himself,  and  that  he  also  appeared  for  Godardus  de  Godardville, 
knight,  who  owes  forty  days. 

Robert  de  Morville,  knight,  appeared  for  himself,  owing  military 
service  for  twenty  days  for  half  a  fee. 

The  count  of  Soissons  appeared  and  went  to  the  army  with  three 
other  knights  whom  he  acknowledges  he  owes  to  the  king,  and  led  with 
him  six  knights  besides  his  service. 

Hugh  de  Conflans,  knight,  marshal  of  Champagne,  appeared  for 
the  king  of  Navarre  and  led  with  him  sixty  knights  for  service  owed  to 
the  king. 

John  Dore,  knight,  appeared  for  the  lady  of  Chapelle,  on  account 
of  her  land  of  Berry  which  owes  military  service ;  and  he  goes  in  place 
of  her. 

William  de  Chantelon,  knight,  appeared  for  himself  saying  that  he 
owed  military  service  to  the  lord  king  for  thirty  days,  for  three-quarters 
of  a  knight's  fee. 

VIII.     FEUDAL  JUSTICE. 

I.        ENGLISH    CUSTOMS    OF    ELEVENTH    CPJNTURY. 
Leges  Henrici  Primi,  LV.     Thorpe  :  Anc.  Laws  and  Inst.,  Vol.  I.  p.  55.     Latin. 

To  every  lord  it  is  allowed  to  summon  his  man  that  he  may  be  at 
right  to  him  in  his  court ;  and  even  if  he  is  resident  at  the  most  distant 
manor  of  that  honor  from  which  he  holds,  he  shall  go  to  the  plea  if  his 
lord  summons  him.  If  his  lord  holds  different  fiefs  the  man  of  one  honor 
is  not  compelled  by  law  to  go  to  another  plea,  unless  the  cause  belongs 
to  the  other  to  which  his  lord  has  summoned  him. 

If  a  man  holds  from  several  lords  and  honors,  however  much  he 
holds  from  others,  he  owes  most  and  will  be  subject  for  justice  to  him  of 
whom  he  is  the  liege  man. 

Every  vassal  owes  to  his  lord  fidelity  concerning  his  life  and  mem- 
bers and  earthly  honor  and  keeping  of  his  counsel  in  what  is  honorable 


FEUDAL    JUSTICE.  33 

and  useful  saving  the  faith  of  God  and  of  the  prince  of  the  land.  Theft, 
however,  and  treason  and  murder  and  whatever  things  are  against  the 
Lord  and  the  catholic  faith  are  to  be  required  of  or  performed  by  no 
one ;  but  faith  shall  be  held  to  all  lords,  saving  the  faith  of  the  earlier, 
and  the  more  to  the  one  of  which  he  is  the  liege.  And  let  permission 
be  given  him,  if  any  of  his  men  seek  another  lord  for  himself. 

2.       WRIT   TO   SECURE    FEUDAL    JURISDICTION,    AB.    A.    D.    HOG. 
Chronicon  Monasterii  de  Abingdon,  Vol.  II,  p.  165,  Rolls  Series.     Latin. 

Henry,  king  of  England,  to  Kalph  Basset,  greeting. 

I  command  you  to  cause  Vincent,  abbot  of  Abingdon  to  have  his 
court  in  Oxford  as  well  and  fully  as  that  church  of  Abingdon  ever  had 
it  or  any  one  of  his  predecessors  had  it  best  and  most  fully  and  honor- 
ably. And  his  men  shall  not  plead  outside  of  his  court  unless  the  ab- 
bot has  first  failed  to  give  right  in  his  court,  and  as  you  are  able  to  make 
inquisition  through  the  legal  men  of  Oxford  that  he  ought  to  have  his 
court.     Witness  the  chancellor ;  at  Woodstock. 

3.       ETABLISSEMENTS   DE   ST.    LOUIS. 
Livre  I.  c.  71  :  Ed.  by  Viollet,  Vol.  II,  p.  124.     French. 

If  a  baron  is  summoned  to  the  court  of  the  king  for  any  question 
of  an  inheritance  and  shall  say,  "I  am  not  willing  to  be  judged  in  this 
matter  except  by  my  peers,"  then  at  least  three  others  ought  to  be  sum- 
moned, and  the  king's  justice  shall  try  the  suit  along  with  these  and 
any  other  nobles. 

4.       CONDEMNATION    BY   A    FEUDAL   COURT. 
Teulet :  Layettes  du  Tresor  des  Chartes,  No.  3778,  Vol.  3,  p.  70.     Latin. 

Raymond  by  the  grace  of  God  count  of  Toulouse,  marquis  of 
Provence,  to  the  nobleman  Arnold  Atton,  viscount  of  Lomagne,  greet- 
ing. 

Let  it  be  known  to  your  nobility,  by  the  tenor  of  these  presents 
what  has  been  done  in  the  matter  of  the  complaints  which  we  have  made 
about  you  before  the  court  of  Agen ;  that  you  have  not  taken  the  trouble 
to  keep  or  fulfil  the  agreements  sworn  by  you  to  us,  as  is  more  fully 
contained  in  the  instrument  drawn  up  there,  sealed  wdth  our  seal  by  the 
public  notary ;  and  that  you  have  refused  contemptuously  to  appear 
before  the  said  court  for  the  purpose  of  doing  justice ;  and  otherwise  com- 


34  TRANSLATIONS  AND   REPRINTS. 

mitted  multiplied  and  great  delinquencies  against  us.  As  your  faults 
have  required,  the  aforesaid  court  of  Agen  has  unanimously  and  con- 
cordantly  pronounced  sentence  against  you,  and  for  these  matters  has 
condemned  you  to  hand  over  and  restore  to  us  the  chateau  of  Auvillars 
and  all  that  land  which  you  hold  from  us  in  fee,  to  be  had  and  held  by 
us  by  right  of  the  obligation  by  which  you  have  bound  it  to  us  for  ful- 
filling and  keeping  the  said  agreements. 

Likewise  it  has  declared  that  we  are  to  be  put  into  posession  of  the 
said  land  and  that  it  is  to  be  handed  over  to  us,  on  account  of  your  con- 
tumacy, because  you  have  not  been  willing  to  appear  before  the  same 
court  on  the  days  which  were  assigned  to  you.  Moreover,  it  has  de- 
clared that  you  shall  be  held  and  required  to  restore  the  said  land  in 
whatsoever  way  we  wish  to  receive  it,  with  few  or  many,  in  peace  or  in 
anger,  in  our  own  person,  by  right  of  lordship.  Likewise  it  has  declared 
that  you  shall  restore  to  us  all  the  expenses  which  we  have  incurred  or 
the  court  itself  has  incurred  on  those  days  which  were  assigned  to  you 
or  because  of  those  days,  and  has  condemned  you  to  repay  these  to  us. 

Moreover,  it  has  declared  that  the  nobleman  Gerald  d'Armagnac, 
whom  you  hold  captive,  you  shall  liberate,  and  deliver  him  free  to  us. 
We  v/ill,  moreover,  by  right  of  our  lordship  that  you  liberate  him. 

We  call,  therefore,  upon  your  discretion  in  this  matter,  strictly  re- 
quiring you  and  commanding  that  you  obey  the  aforesaid  sentences  in 
all  things  and  fulfil  them  in  all  respects  and  in  no  way  defer  the  fulfil- 
ment of  them.  For  making  the  announcement,  the  demand  and  the  re- 
ception of  these  things,  we  have  appointed  as  our  representatives  our  be- 
loved and  faithful  noblemen  Gaston  de  Gontaud  and  R.  Bernard  de 
Balencs,  promising  that  whatever  shall  be  done  by  them  in  the  afore- 
said matters,  we  will  hold  as  settled  and  firm  forever.  In  testimony  of 
which  we  have  caused  these  present  letters  to  be  corroborated  by  the 
strength  of  our  seal.  Similar  letters,  divided  through  the  alphabet,  for 
a  perpetual  memory  of  this  matter  we  have  caused  to  be  retained  with 
us.     Given  at  Agen,  the  third  of  the  Kalends  of  July,  A.  D.  1 249. 

IX.     RIGHT  OF  COINAGE. 

I.       GRANT    OF    THE    MINT    OF    AUXERRE,  A.  D.    1204. 
Quantin  :  Recueil  de  Pieces  du  XIII  Siecle,  No.  35,  p.  17.     Latin. 

I,  Pierre,  count  of  Auxerre  and  Tonnerre,  make  known  to  all 
present  and  to  come  that  since  Lambert  de  Bar  possessed  by  hereditary 


COINAGE.  35 

right  the  dies  of  the  mint  of  Auxerre  and  Tonnerre,  and  on  that  ac- 
count was  my  man ;  on  his  petition  I  have  granted  the  said  dies  to  my 
beloved  and  faithful  Pierre  de  Chablis  and  his  heirs  to  be  possessed 
peacefully  and  quietly  forever.  And  on  this  account  with  the  consent 
and  good  will  of  the  countess  Yolande,  my  wife,  I  have  received  the 
aforesaid  Pierre  as  my  liege  man.  For  the  confirmation  of  this  matter 
I  and  Yolande,  the  countess,  my  wife,  have  given  command  that  the 
present  charter  corroborated  with  the  protection  of  our  seals  should  be 
delivered  to  the  said  Pierre. 

Done  in  the  year  of  the  Incarnation  of  the  Lord  1204,  in  the 
month  of  July. 

2.       CHARTER    OF    ODO    OF    BURGUNDY,    A.    D.     1 337. 
Ducange,  under  the  word  Moneta  regia.     Latin. 

We,  Odo,  duke  of  Burgundy,  count  of  Artois  and  Burgundy,  pala- 
tine and  lord  of  Sains  make  known  to  all  that  since  we  have  heard  that 
our  dear  and  famous  lord,  the  king  of  France,  feels  hardly  toward  us 
because  his  master  of  the  mint  has  given  him  to  understand  that  we  are 
now  coining  money  in  our  town  of  Auxerre  like  his  money  in  imprint 
and  form,  that  there  is  little  difference  between  his  money  and  ours,  and 
that  many  people  may  be  deceived  in  taking  our  money  as  the  money 
of  our  said  lord ;  we  w^ho  would  not  on  any  account  wish  to  do  anything 
which  should  be  displeasing  to  our  lord,  are  willing  and  do  promise  to 
change  the  imprint  in  the  form  w^hich  we  are  now  having  coined  in  our 
town  of  Auxerre,  and  to  make  in  our  said  money  such  a  difference  and 
such  a  form  that  each  person  will  be  able  clearly  to  distinguish  our  money 
from  the  money  of  the  lord  king,  so  that  our  said  money  will  have  its 
circulation  only  in  our  county  of  Burgundy  and  in  the  land  of  the  Em- 
pire. Moreover  we  will  command  and  forbid  and  cause  to  be  forbidden 
that  money  of  the  kingdom  should  be  minted,  and  also  cause  oath  to  be 
made  that  the  small  coin  of  the  kingdom  shall  not  be  received. 

In  testimony  of  which  thing  we  have  caused  our  seal  to  be  placed 
upon  these  present  letters,  made  and  given  at  the  Bois  de  Vincennes  the 
third  day  of  October,  1337. 


36  TRANSLATIONS  AND    REPRINTS. 

X.     FORFEITURE. 

Rotuli  Hundredorum,  ii,  p.  183.  Latin. 
It  is  presented  by  the  jurors  above  named  that  the  manor  of  Chin- 
nore  along  with  the  hamlet  of  Sydenham  was  held  of  old,  from  the  time 
of  the  Conquest,  from  the  lord  king  of  England,  by  a  certain  man  who 
was  named  Walter  de  Vernon,  as  one  knight's  fee ;  and  because  the 
said  Walter  de  Vernon  refused  to  perform  his  due  service  from  the  said 
manor  to  the  lord  king  John  in  the  time  of  the  war  which  sprang  up 
between  the  lord  king  John  and  the  king  of  France,  the  lord  king  John 
with  the  advice  of  his  council  seized  that  same  manor  with  its  appurten- 
ances and  removed  the  said  Walter  de  Vernon,  on  account  of  his  in- 
gratitude from  the  possession  of  the  aforesaid  manor  forever.  And  the 
lord  king  John  granted  that  same  manor  with  its  appurtenances  for  the 
services  that  to  the  same  lord  king  was  due  from  it  to  Saer  de  Quincy 
formerly  earl  of  Winchester,  to  hold  to  himself  and  his  heirs  in  capita 
from  the  lord  king  as  one  knight's  fee ;  and  the  heirs  of  the  said  Saer 
held  the  aforesaid  manor  in  succession,  and  still  hold  it,  except  the  ham- 
let of  Sydenham,  which  the  abbot  of  Thame  holds  as  a  gift  from  Roger  de 
Quincy. 


BIBLIOGRAPHICAL    NOTE. 

Ch.  Mortet :  Feodalite. 

Perhaps  the  best  general  treatise  on  the  subject  is  the  article  by  this  au- 
thor given  under  the  word  Feodalite,  in  La  Grande  Encycloptdie,  and  sub- 
sequently reprinted  as  a  separate  work. 

A.  Luchaire  :  Manuel  des  Institutions  Frangaises,  Pt.  II.  Les  Institutions 

Feodales. 
This  is  a  detailed  description  of  feudal  institutions  from  the  nth  to  the 
14th  century  and  abounds  in  bibliographical  information.  It  does  not  deal 
with  the  question  of  the  origins  of  Feudalism.  Upon  this  last  question  there 
has  been  a  very  considerable  amount  of  writing,  largely  polemical  in  its 
character.  Some  of  the  most  conspicuous  books  on  this  phase  of  the  subject 
are  the  following: 

P.  Roth  :  Geschichte  des  Beneficialwesens,  1850  ;  and  Feudalitat  und  Un- 
terthanenverband,  1863. 

G.  ^Vaitz:  Ueber  die  Anfange  der  Vassalitat,  1856;  and  Deutsche  Verfass- 
ungsgeschich'e,  Vol.  IV,  1884. 

Fustel  de  Coulanges  :  Les  Origines  du  Systeme  Feodal,  i8go. 

Very  useful  and  suggestive  outline  accounts  of  Feudalism  are  to  be  found 
in  English  in  Professor  E.  Emerton's  Introduction  to  the  Middle  Ages,  and 
Mediceval  Europe ;  and  Professor  G.  B.  Adams'  Civilization  during  the 
Middle  Ages, 


Translations  and  Reprints 

FROM   THE 

ORIGINAI.  SOURCES  OF  EUROPEAN  HISTORY. 

Voi,.  IV.  Ordeai^s,  Compurgation,  Excommunication,  No.  4. 

AND  Interdict. 

TABLE  OF  CONTENTS. 

PAGE 

I.        Compurgation. 

1.  Examples  of  Compurgatorial  Oaths, 3 

2.  Compurgation  of  Queen  Fredegonda, 4 

3.  Compurgation  of  Adelher's  Brothers, 4 

4.  Compurgation  of  Bishop  Norgaud, 5 

5.  Frisian  Law  against  Perjury, 6 

6.  Reform  in  the  Compurgatorial  System, 6 

II.       Judgments  of  God— Ordeai.s. 

1.  Ordeal  Formula, 7 

2.  Ordeal  of  Hot  Water, 10 

3.  Ordeal  of  Cold  Water, 11 

4.  Ordeal  of  Red-hot  Iron, 12 

5.  Ordeal  of  the  Glowing  Ploughshares, '  13 

6.  Ordeal  of  Fire, 14 

7.  Ordeal  of  the  Cross, 16 

8.  Scepticism  Regarding  the  Ordeal, 16 

9.  Prohibition  of  the  Ordeal  by  the  Church, .  16 

10.     Prohibition  by  Frederic  II., 18 

III.  Judgments  of  God — Wager  of  Batti^e. 

1.  Example  of  Judicial  Duel  in  Germany, 19 

2.  Example  of  Judicial  Duel  in  Spain,  .........  20 

3.  Prohibition  of  Judicial  Duel  by  Frederic  II. , 21 

IV.  Excommunication. 

I.     St.  Cyprian  on  the  Unity  of  the  Church, 23 

St.  Ambrose's  Threat  against  Theodosius, 23 

Law  of  Lothair  I., 24 

Law  of  Frederic  II.,  .    .    •    • 24 

Excommunication  of  Frederic  II., 25 

Example  of  Excommunication  ipso  facto ^ 26 

Excommunication  of  Animals, 26 

Declaration  of  Louis  XIV., .  27 

V.        Interdict. 

1.  Canon  of  the  Council  of  Limoges, 28 

2.  Interdictlaid  on  Normandy, 29 

3.  Interdict  laid  on  France, 29 

4.  Interdict  laid  on  Venice  in  1309, 30 

5.  Interdict  laid  on  Utrecht, 31 

6.  Failure  of  the  Interdict  laid  on  Venice  in  1606.  ...  32 


TRANSLATIONS    AND    REPRINTS. 


MEDIEVAL  LEGAL  PROCEDUEE. 
INTRODUCTION. 

In  the  jurisprudence  of  the  Middle  Ages  we  do  not  find  any  trial  in  the  mod- 
ern sense  of  the  word,  no  careful  weighing  of  testimony  followed  by  a  decision  in 
accordance  with  the  evidence.  The  chief  function  of  the  court  was  to  give  a  fore- 
judgment — the  B eweisurteil— va.^\ca.\.mg  which  litigant  was  to  have  the  privilege 
of  offering  proof  as  to  the  justice  ot  his  contention.  Any  form  of  compromise  was 
unknown.  One  party  was  entirely  in  the  right,  the  other  absolutely  in  the  wrong. 
The  methods  of  proof  were  compurgation,  ordeal,  and  wager  of  battle,  and  the 
party  on  whom  the  burden  of  proof  lay  usually  had  the  advantage  in  the  subse- 
quent proceedings.  This  was  especially  the  case  with  compurgation,  where  com 
pliance  with  .the  minute  details  of  the  prescribed  forms  insured  complete  success 
In  the  ordeal  this  was  less  true,  the  result  oftener  depending  on  the  attitude  of 
those  conducting  the  ceremony.  The  judicial  duel  and  one  form  of  the  ordeal — 
that  of  the  cross — were  the  only  methods  of  procedure  in  which  both  sides  were 
given  the  opportunity  of  proof.  Throughout  the  Middle  Ages  the  theory  of  the 
law  placed  the  burden  of  proof  on  the  negative  side  ;  and  it  may  be  counted  a  most 
important  step  in  the  progress  of  European  civilization  when  the  Germanic  idea 
finally  gave  place  to  the  Roman  maxim  that  it  is  impossible  to  prove  a  negative,  and 
that  the  necessity  of  producing  evidence  lies  with  the  accuser.  The  barbarian  sys- 
tem of  negative  proofs  was  worked  out  by  means  of  oaths  and  of  appeals  to  the 
judgment  of  God  through  ordeals  and  single  combat.  Whatever  hardships  the 
Germanic  methods  of  proof  may  have  involved  theoretically,  the  practical  outcome 
was  to  make  easy  the  escape  of  bold  criminals.  A  Hungarian  manuscript^  in 
which  a  record  was  kept  for  the  13th  century  shows  the  numbers  of  convictions  and 
of  acquittals  in  the  ordeal  of  hot  iron  to  be  about  equal,  while  in  England  the  accused 
was  in  certain  cases  given  the  choice  whether  he  or  the  accuser  should  bear  the 
iron.  Speaking  of  the  condition  of  things  in  John's  reign  Maitland  says  ;  "  Crimi- 
nal justice  was  extremely  ineffectual;  the  punishment  of  a  criminal  was  a  rare 
event  ;  the  law  may  have  been  cruel  .  .  .  .,  but  bloody  it  was  not.  In  Henry 
Ill's  time  some  satisfactory  hanging  was  accomplished,  but  the  number  of  present- 
ments of  undiscovered  crime  is  very  large.  "^  The  irrationality  of  such  forms  of 
legal  procedure  was  strongly  felt  by  the  most  enlightened  minds,  and  from  the  mid- 
dle of  the  I2th  century  we  find  ecclesiastical  as  well  as  secular  legislation  attempt- 
ing to  bring  about  a  change.  This  reform  did  not  involve  the  abandonment  of 
negative  proofs,  but  brought  in  the  worst  form  of  that  system,  namely,  torture, 
wherein  the  chances  of  escape  were  reduced  to  a  minimum  and  conviction  became 
practically  inevitable. 


1  Cited  in  Pollock  and  Maitland's  History  of  English  Law,  II.  596,  note  5. 
"^  Select  Pleas  of  the  Crown,  p.  xxiv. 


COMPURGATORIAL   OATH.  3 

I.     COMPUKGATION. 

Compurgation — or  wager  of  law  as  it  was  more  commonly  called  in  England 
from  the  legal  phrase  vadiare  legem,  to  pledge  or  wage  one's  law — consisted  in  a 
litigant's  furnishing  the  court  satisfactory  proof  of  the  justice  of  his  cause  by  means 
of  his  own  oath  supported  by  that  of  helpers  or  compurgators  who  swore  to  the  truth 
of  their  principal's  assertions.  This  method  of  proof  dates  back  to  remote  antiquity 
among  the  Germanic  tribes,  and  on  their  conversion  it  was  adopted  by  the  church, 
which  made  such  extensive  use  of  it  in  its  efforts  to  secure  immunity  of  the  clergy 
from  secular  jurisdiction,  that  the  process  finally  became  known  as  canonical  com- 
purgation. The  compurgators  were  originally  kinsmen  who  would  have  had  to 
pay  the  wer-gild  in  case  the  accused  had  been  convicted  of  the  charge,  but  later 
custom  permitted  them  to  be  neighbors  or  others  acceptable  to  the  court.  Their 
number  varied  according  to  the  gravity  of  the  charge  and  the  character  of  the  ac- 
cused. It  is  probable  that  even  in  the  earliest  times  compurgation  was  not  resorted 
to  when  the  proof  of  the  crime  was  plain  and  indubitable,  and  at  a  later  period 
this  rule  was  carefully  enforced,  it  being  left  to  the  discretion  of  the  judge  whether 
the  accused  should  be  allowed  this  form  of  trial  or  not.  Such  permission  was 
almost  tantamount  to  acquittal,  yet  an  effort  was  made  to  check  the  abuses  of  the 
system  by  the  provision  that  compurgators  who  were  so  unfortunate  as  to  support  a 
losing  cause  should  be  punished  as  perjurers,  that  is,  should  have  one  hand  cut  off. 
Some  codes,  however,  permitted  the  redemption  of  the  hand  by  the  payment  of  a 
money  fine.  At  an  early  period  confidence  in  the  system  became  weakened,  but 
it  was  not  until  the  revival  of  the  study  of  Roman  law  about  the  middle  of  the  12th 
century  that  compurgation,  together  with  most  forms  of  appeal  to  the  judgment  of 
God,  began  to  lose  ground  in  mediaeval  jurisprudence.  From  that  time  on  it  was 
discouraged  by  royal  legislation.  By  1300  it  may  be  said  to  have  disappeared  from 
the  king's  court  in  France,  though  it  still  lingered  for  a  long  time  in  the  provinces. 
In  Germany  it  seems  to  have  flourished  as  late  as  the  l6th  century,  as  also  in  most 
of  the  countries  of  northern  Europe  ;  while  in  England  it  was  not  formally  abol- 
ished until  1833.  In  ecclesiastical  courts  the  system  v*'as  employed  down  to  the 
17th  century,  though  the  development  of  the  inquisitorial  process  in  the  13th  cen- 
tury deprived  it  of  most  of  its  characteristic  features. 

I.       TWO    FORMS    OF    COMPURGATORIAL   OATH. 

(a)     Form.  Turon.  M.G.  LL.  Sec.  V.  p.  154.     Latin.     8th  century. 

[Defendant  made  oath  denying  the  crime.]  Likewise,  witnesses 
of  his  own  order,  who  were  eye-witnesses  and  cognizant  of  the  facts  in  the 
case,  swore  after  him  that  the  aforesaid  N.  had  given  a  true  and  satis- 
factory oath  in  what  he  had  sworn  regarding  the  matter. 

(b)  Thorpe's  Ancient  Laws  of  England,  I.  p.  180.  Anglo-Saxon.  loth 
century. 

By  the  Lord,  the  oath  which  N.  has  sworn  is  clean  and  without 
falsehood. 


4  TRANSLATIONS   AND   REPRINTS. 

2.  COMPURGATION    OF    QUEEN    FREDEGONDA    IN    585. 

Gregory  of  Tours,  Hist.  Franc.  Lib.  viii.  c.  9.  M.G.  SS.  Mer.  p.  330. 

On  the  assassination  of  Chilperic  I.  king  Gontran  became  guardian  of  his 
brother's  infant  son.  Doubts  were  entertained  as  to  the  child's  legitimacy,  espe- 
cially as  Chilperic  was  said  to  have  been  murdered  by  a  paramour  of  queen  Frede- 
gonda.  The  latter,  however,  fully  established  the  paternity  of  the  child  by  a 
compurgatorial  oath  and  thus  prevented  the  kingdom  of  Neustria  from  passing  into 
the  hands  of  Gontran. 

After  this  the  kiug  [Gontran]  went  to  Paris  and  openly  addressed 
all  the  people,  saying :  "My  brother  Chilperic  on  his  death  is  said  to  have 
left  a  son,  whose  governors  begged  me  at  the  mother's  solicitation  to 
stand  sponsor  for  him  at  the  baptismal  font  on  the  day  of  the  festival  of 
our  Lord's  birth ;  but  they  did  not  appear.  Next  they  asked  me  to 
have  him  baptised  at  Easter,  but  the  child  was  not  brought  then.  For 
the  third  time  they  prayed  me  that  he  might  be  presented  for  the  sacred 
rite  on  St.  John's  Day,  but  the  child  was  still  kept  back.  And  so  they 
have  compelled  me  to  leave  home  at  this  disagreeable  season  of  the  year. 
Therefore  I  have  come,  and  behold,  the  boy  is  concealed,  he  is  not  show^n 
me.  For  these  reasons  I  feel  certain  that  matters  are  not  as  they  have 
been  represented,  but  that  the  child  is,  as  I  believe,  the  son  of  some  one 
of  our  nobles.  For,  if  it  had  been  of  our  race,  it  would  have  been 
brought  to  me.  Know,  therefore,  that  I  will  not  acknowledge  it  until  I 
receive  satisfactory  proofs  of  its  paternity."  When  queen  Fredegonda 
heard  this  she  summoned  the  chief  men  of  her  kingdom,  namely,  three 
bishops  and  three  hundred  nobles,  and  with  them  made  oath  that  Chil- 
peric was  the  father  of  the  child.  By  this  means  suspicion  was  re- 
moved from  the  king's  mind. 

3.  COMPURGATION  OF  THE  BROTHERS  OF  ADELHER. 

Passio  S.  Bonifatii,  ap.  Jaffe,  Bibliotheca  Rer.  Germ.,  III.  p.  475.  Latin. 
Iith  century. 

This  story  illustrates  one  of  the  abuses  to  which  the  system  of  compurgation 
lent  itself,  and  at  the  same  time  shows  how  the  clergy  attempted  to  overcome  it  by 
emphasizing  the  danger  of  immediate  punishment  to  the  perjurer. 

Some  time  after  this  it  happened  that  a  certain  priest  named  Adel- 
her  was  stricken  with  great  weakness.  He  was  indeed  deeply  devoted 
to  the  bishop  [Boniface]  on  account  of  his  noble  character,  and  knowing 
the  latter's  secrets  he  served  him  truly.  And  when  he  perceived  the 
end  of  life  approaching,  by  the  council  of  the  man  of  God  he  gave  what 


COMPURGATION    OF    BISHOP   NORGAUD.  5 

property  lie  had  inherited  to  St.  Martin  of  Mainz.  After  this,  his  sick- 
ness increasing,  he  died.  Afterwards  his  brothers  violently  seized  what 
he  had  given  to  St.  Martin  in  the  following  places,  ....  And  when 
they  had  been  summoned  and  questioned  regarding  their  action,  they 
promised  to  prove  by  an  oath  that  the  property  was  rightly  theirs ;  and 
the  bishop  promised  to  be  present.  On  the  appointed  day  they  brought 
together  a  large  number  of  their  relatives.  The  man  of  God  was  like- 
wise there,  and  when  the  brothers  had  fetched  their  compurgators  to  the 
altar  he  is  reported  to  have  said:  "If  ye  will  swear,  swear  alone;  I  do 
not  desire  that  ye  should  cause  the  damnation  of  all  these."  But  the 
brothers  took  the  oath.  And  immediately  the  bishop  turning  to  them 
said:  "Have  ye  sworn?"  "We  have,"  they  replied.  Then  to  the  elder 
he  said:  "Thou  wilt  shortly  be  killed  by  a  bear" ;  but  to  the  younger, 
"  Never  wilt  thou  see  son  or  daughtea*  from  thy  seed."  Both  of  the 
prophesies  proved  true.  And  so  the  church  of  St.  Martin  received  the 
heritage  given  to  it. 

4.       COMPURGATION    OF    BISHOP    NORGAUD    OF    AUTUN. 

Hugh  of  Flavigny,  Chron.  Lib.  II.  M.G.  SS.  VIII.  p.  494.     Latin. 

Norgaud,  Bishop  of  Autun,  had  been  accused  of  simony  by  his  canons,  and 
had  attempted  to  clear  himself  by  the  aid  of  oath-helpers ;  but  the  compurgators 
were  deterred  by  fear  of  the  charge  of  perjury,  and  Norgaud  was  deposed.  He 
refused  to  resign  his  office,  and  in  the  following  year  succeeded  in  being  reinstated 
by  purging  himself  in  the  absence  of  his  enemies.  The  incident  shows  another 
form  of  abuse  of  the  system. 

In  the  year  of  our  Lord  1101  John,  bishop  of  Frascati,  was  sent 

by  the  pope  into  England  to  look  after  the  papal  property 

The  cardinals  had  now  returned  to  Eome  openly  confirming  the  sen- 
tence of  deposition  against  the  invader  of  the  see  of  Autun  and  pro- 
nouncing it  to  be  canonical  by  authentic  proofs,  when  the  bishop  of 
Lyons  began  openly  and  publicly  to  condemn  their  action.  As  he  was 
setting  out  on  a  pilgrimage  to  Jerusalem  in  company  with  the  bishop 
of  Chalons-sur-Saone  and  the  simoniacal  bishop  of  Autun  he  was  met 
on  the  way  by  the  aforesaid  bishop  of  Frascati  who,  in  the  absence  of 
accusers  and  outside  the  boundaries  of  his  province,  received  the  purga- 
tion of  him  of  Autun.  The  bishop  of  Lyons  aided  and  confirmed 
the  oath  as  follows:  "1  believe  that  Norgaud,  bishop  of  Autun,  has 
sworn  the  truth,  so  help  me  God."  The  bishop  of  Chalons-sur-Saone 
also  assisted  and  swore  the  same  thing.     I  am  astonished  that  the  good 


6  TRANSLATIONS    AND   REPRINTS. 

judgment  of  so  great  a  maii,^  renowned  everywhere  for  his  inborn  good- 
ness and  honesty,  whose  unvarying  constancy  is  venerated  by  the  Galli- 
can  church  could  be  deceived  by  the  man  to  such  an  extent  that  even 
to  the  present  time  he  takes  his  part  as  a  compurgator,  cherishes  and 
protects  him,  and  is  almost  the  only  one  in  the  world  to  believe  good  of 
him,  although  an  almost  universal  sentiment  condemns  such  a  favorable 
opinion. 

5.       PUNISHMENT    FOR    PERJURY. 

Lex  Fris.  xiv.,  3.  M.G.  LL.  III.  p.  668.     Latin.     About  800. 

As  the  efficiency  of  the  whole  system  of  compurgation  depended  upon  the  con- 
fidence that  could  be  placed  by  the  court  in  the  word  of  the  oath-helpers,  it  was 
necessary  to  make  the  penalty  for  false  swearing  as  severe  as  possible.  The  pun- 
ishment for  perjury  varied  in  different  codes.  That  mentioned  in  the  Frisian  law 
is  here  given. 

He  who  seeks  the  composition  for  homicide,^  let  him  swear  on  the 
relics  of  the  saints  that  he  will  not  accuse  any  one  of  this  except 
those  whom  he  suspects  of  the  murder ;  and  then  let  him  accuse  of  hom- 
icide one,  two,  or  even  three  or  four  or  however  many  there  may  have 
been  that  wounded  him  w^ho  was  killed.  But,  though  there  were  twenty 
or  thirty,  yet  no  more  than  seven  can  be  accused,  and  let  each  one  of 
these  who  has  been  accused  swear  with  his  twelfth  hand,^  and  after  the 
oath  let  him  show  himself  innocent  by  the  judgment  of  God  in  the  or- 
deal of  boiling  water.  Let  the  one  who  swore  first  go  first  to  the  ordeal, 
and  so  on  in  order.  He  who  shall  be  found  guilty  by  the  ordeal,  let 
him  pay  the  composition  for  homicide,  and  to  the  king  double  his  iver- 
gild;  let  the  others  who  were  his  oath-helpers  pay  the  fine  for  perjury  as 
has  been  previously  enacted.* 

6.       REFORM    OF    INNOCENT    III. 
Corp.  Jur.  Can.  cc.  5  and  13,  Extra,  V.  34.     Latin. 

Although  by  the  13th  century  compurgation  had  come  to  be  looked  upon  with 
suspicion  by  royal  judges,  it  yet  continued  for  a  long  time  an  ordinary  method  of 
trial  for  the  clergy.  Innocent  III.  introduced  certain  reforms  which  did  away  with 
some  of  the  dangers  of  perjury,  but  he  thereby  weakened  the  force  of  the  oaths  and 
dealt  a  mortal  blow  to  the  system. 


M.  e,,  the  bishop  of  Lyons. 

2  In  the  case  of  a  man  killed  in  a  crowd. 

^i.  e.,  with  eleven  compurgators. 

*This  fine  consisted  of  a  single  wer-gild  each.     Vid.  Tit.  X.  eadem  lege. 


FORMULA    FOR   CONDUCTING    ORDEALS.  7 

We  believe  you  are  not  ignorant  of  how  many  times  the  bishop  of 
Trent  has  been  accused  of  simony.  But  the  accusers  though  producing 
a  writing  were  unable  to  bring  forward  witnesses  according  to  canonical 
form  to  prove  that  he  had  given  the  church  of  St.  Peter  to  the  presbyter 
P.  for  four  measures  of  corn.  We  decree  to  the  common  council  of  our 
brethren  that  he  ought  to  purge  himself  of  the  aforesaid  simony  with 
three  of  his  own  order  and  four  abbots  and  regular  priests.  Now  the 
manner  of  purgation  shall  be  as  follows :  First,  the  bishop  shall  swear 
on  God's  sacred  Gospel  that,  for  giving  the  church  of  St.  Peter  to  the 
presbyter  P.,  he  has  received  no  price  personally  or  by  the  hand  of  a 
subordinate,  nor  to  his  knowledge  has  anyone  accepted  anything  for 
him.  Then  the  compurgators  shall  swear  upon  God's  holy  Gospel  that 
they  believe  he  has  spoken  the  truth. 

But  those  who  are  brought  forward  to  purge  another  of  infamy  are 
held  to  affirm  this  alone  by  their  oaths ;  namely,  that  they  believe  that 
he  who  is  being  purged  speaks  the  truth. 

11.     JUDGMENTS  OF  GOD— ORDEALS. 

I.   FORMULA  FOR  CONDUCTING  THE  ORDEAL  OF  BOILING  WATER/ 

From  the  breviary  of  Eberhard  of  Bamberg,  ed.  Zeumer  in  M.G.  LL.  Sec.  V. 
Formulae,  p.  650.     Latin.     I2th  or  13th  century. 

Let  the  priest  go  to  the  church  with  the  prosecutors  and  with  him 
who  is  about  to  be  tried.  And  while  the  rest  wait  in  the  vestibule  of 
the  church  let  the  priest  enter  and  put  on  the  sacred  garments  except 
the  chasuble  and,  taking  the  Gospel  and  the  chrismarium  and  the  relics 
of  the  saints  and  the  chalice,  let  him  go  to  the  altar  and  speak  thus  to 
all  the  people  standing  near:  Behold,  brethren,  the  offices  of  the 
Christian  religion.  Behold  the  law  in  which  is  hope  and  remission  of 
sins,  the  holy  oil  of  the  chrisma,  the  consecration  of  the  body  and  blood 
of  our  Lord.  Look  that  ye  be  not  deprived  of  the  heritage  of  such 
great  blessing  and  of  participation  in  it  by  implicating  yourselves  in  the 
crime  of  another,  for  it  is  written,  not  only  are  they  worthy  of  death  who 
do  these  things  but  they  that  have  pleasure  in  them  that  do  them.^ 

Then  let  him  thus  address  the  one  who  is  to  undertake  the  ordeal : 
I  command  thee,  N.,  in  the  presence  of  all,  by  the  Father,  the  Son, 


^This  may  be  taken  as  a  fair  example  of  ordeal  formulae  in  general,  as  they 
were  all  of  a  similar  nature. 
^Rom.  I.  32. 


8  TRANSLATIONS    AND    REPRINTS. 

and  the  Holy  Ghost,  by  the  tremendous  day  of  judgment,  by  the  minis- 
try of  baptism,  by  thy  veneration  for  the  saints,  that,  if  thou  art  guilty 
of  this  matter  charged  against  thee,  if  thou  hast  done  it,  or  consented  to 
it,  or  hast  knowingly  seen  the  perpetrators  of  this  crime,  thou  enter  not 
into  the  church  nor  mingle  in  the  company  of  Christians  unless  thou 
wilt  confess  and  admit  thy  guilt  before  thou  art  examined  in  public 
judgment. 

Then  he  shall  designate  a  spot  in  the  vestibule  where  the  fire  is  to 
be  made  for  the  water,  and  shall  fii-st  sprinkle  the  place  with  holy  water, 
and  shall  also  sprinkle  the  kettle  when  it  is  ready  to  be  hung  and  the 
water  in  it,  to  guard  against  the  illusions  of  the  devil.  Then,  entering 
the  church  with  the  others,  he  shall  celebrate  the  ordeal  mass.  After 
the  celebration  let  the  priest  go  with  the  people  to  the  place  of  the  or- 
deal, the  Gospel  in  his  left  hand,  the  cross,  censer  and  relics  of  the 
saints  being  carried  ahead,  and  let  him  chant  seven  penitential  psalms 
with  a  litany. 

Prayer  over  the  boiling  water:  O  God,  just  Judge,  firm  and  pa- 
tient, who  art  the  Author  of  peace,  and  judgest  truly,  determine  what 
is  right,  O  Lord,  and  make  known  Thy  righteous  judgment.  O  Omnip- 
otent God,  Thou  that  lookest  upon  the  earth  and  makest  it  to  tremble, 
Thou  that  by  the  gift  of  Thy  Son,  our  Lord  Jesus  Christ,  didst  save  the 
world  and  by  His  most  holy  passion  didst  redeem  the  human  race,  sanc- 
tify, O  Lord,  this  water  being  heated  by  fire.  Thou  that  didst  save 
the  three  youths,  Sidrac,  Misac,  and  Abednago,  cast  into  the  fiery  fur- 
nace at  the  command  of  Nebuchadnezzar,  and  didst  lead  them  forth  un- 
harmed by  the  hand  of  Thy  angel,  do  Thou  O  clement  and  most  holy 
Ruler,  give  aid  if  he  shall  plunge  his  hand  into  the  boiling  water,  being 
innocent,  and,  as  Thou  didst  liberate  the  three  youths  from  the  fiery 
furnace  and  didst  free  Susanna  from  the  false  charge,  so,  O  Lord,  bring 
forth  his  hand  safe  and  unharmed  from  this  water.  But  if  he  be  guilty 
and  presume  to  plunge  in  his  hand,  the  devil  hardening  his  heart,  let 
Thy  holy  justice  deign  to  declare  it,  that  Thy  virtue  may  be  manifest  in 
his  body  and  his  soul  be  saved  by  penitence  and  confession.  And  if  the 
guilty  man  shall  try  to  hide  his  sins  by  the  use  of  herbs  or  any  magic, 
let  Thy  right  hand  deign  to  bring  it  to  no  account.  Through  Thy  only 
begotten  Son,  our  Lord  Jesus  Christ,  who  dwelleth  with  Thee. 

Benediction  of  the  water :  I  bless  thee,  O  creature  of  water,  boiling 
above  the  fire,  in  the  name  of  the  Father,  and  of  the  Son,  and  of  the 
Holy  Ghost,  from  whom  all  things  proceed;  I  adjure  thee  by  Him  who 
ordered  thee  to  water  the  whole  earth  from  the  four  rivers,  and  who 


FORMULA  FOR  CONDUCTING  ORDEALS.  9 

summoned  thee  forth  from  the  rock,  and  who  changed  thee  into  wine, 
that  no  wiles  of  the  devil  or  magic  of  men  be  able  to  separate  thee 
from  thy  virtues  as  a  medium  of  judgment;  but  may  est  thou  punish  the 
vile  and  the  wicked,  and  purify  the  innocent.  Through  Him  whom  hid- 
den things  do  not  escape  and  who  sent  thee  in  the  flood  over  the  whole 
earth  to  destroy  the  wicked  and  who  will  yet  come  to  judge  the  quick 
and  the  dead  and  the  world  by  fire.     Amen. 

Prayer:  Omnipotent,  Eternal  God,  we  humbly  beseech  Thee  in 
behalf  of  this  investigation  which  we  are  about  to  undertake  here 
amongst  us  that  iniquity  may  not  overcome  justice  but  that  falsehood 
may  be  subjected  to  truth.  And  if  anyone  seek  to  hinder  or  obscure 
this  examination  by  any  magic  or  by  herbs  of  the  earth,  deign  to  bring 
it  to  naught  by  Thy  right  hand,  0  upright  Judge. 

Then  let  the  man  who  is  to  be  tried,  as  well  as  the  kettle  or  pot  in 
which  is  the  boiling  water,  be  fumed  with  the  incense  of  myrrh,  and  let 
this  prayer  be  spoken :  O  God,  Thou  who  within  this  substance  of  water 
hast  hidden  Thy  most  solemn  sacraments,  be  graciously  present  with  us 
who  invoke  Thee,  and  upon  this  element  made  ready  by  much  purifica- 
tion pour  down  the  virtue  of  Thy  benediction  that  this  creature,  obedient 
to  Thy  mysteries,  may  be  endued  with  Thy  grace  to  detect  diabolical  and 
human  fallacies,  to  confute  their  inventions  and  arguments,  and  to  over- 
come their  multiform  arts.  May  all  the  wiles  of  the  hidden  enemy  be 
brought  to  naught  that  we  may  clearly  perceive  the  truth  regarding 
those  things  which  we  with  finite  senses  and  simple  hearts  are  seeking 
from  Thy  judgment  through  invocation  of  Thy  holy  name.  Let  not  the 
innocent,  we  beseech  Thee,  be  unjustly  condemned,  or  the  guilty  be 
able  to  delude  with  safety  those  who  seek  the  truth  from  Thee,  who  art 
the  true  Light,  who  seest  in  the  shadowy  darkness,  and  who  makest  our 
darkness  light.  O  Thou  who  perceivest  hidden  things  and  knowest 
what  is  secret,  show  and  declare  this  by  Thy  grace  and  make  the  knowl- 
edge of  the  truth  manifest  to  us  who  believe  in  Thee. 

Then  let  the  hand  that  is  to  be  placed  in  the  water  be  w^ashed  with 
soap  and  let  it  be  carefully  examined  whether  it  is  sound ;  and  before  it 
is  thrust  in  let  the  priest  say:  I  adjure  thee,  O  vessel,  by  the  Father, 
and  the  Son,  and  the  Holy  Ghost,  and  by  the  holy  resurrection,  and  by 
the  tremendous  day  of  judgment,  and  by  the  four  Evangelists,  that  if 
this  man  be  guilty  of  this  crime  either  by  deed  or  by  consent,  let  the 
water  boil  violently,  and  do  thou,  O  vessel,  turn  and  swing. 

After  this  let  the  man  who  is  to  be  tried  plunge  in  his  hand,  and 


TO  TRANSLATIONS    AND    REPRINTS. 

afterwards  let  it  be  immediately  sealed  up.  After  the  ordeal  let  him 
take  a  drink  of  holy  water.  Up  to  the  time  of  the  decision  regarding 
the  ordeaP  it  is  a  good  thing  to  mix  salt  and  holy  water  with  all  his 
food  and  drink. 

2.       ORDEAL    OF    HOt   WATER    UNDERTAKEN    BY    A    PRIEST    TO 
CONFUTE    A    HERETIC. 
Gregory  of  Tours,  In  Gloria  Martyr,  c.  80.  M.G.  SS.  Mer.  I,  p.  542.     Latin. 

An  Arian  presbyter  disputing  with  a  deacon  of  our  religion  made 
venemous  assertions  against  the  Son  of  God  and  the  Holy  Ghost,  as  is 
the  habit  of  that  sect.  But  when  the  deacon  had  discoursed  a  long 
time  concerning  the  reasonableness  of  our  faith  and  the  heretic,  blinded 
by  the  fog  of  unbelief  continued  to  reject  the  truth,  according  as  it  is 
written,  "Wisdom  shall  not  enter  the  mind  of  the  wicked,"  the  former 
said:  "Why  weary  ourselves  with  long  discussions?  Let  acts  approve 
the  truth ;  let  a  kettle  be  heated  over  the  fire  and  someone's  ring  be 
thrown  into  the  boiling  water.  Let  him  who  shall  take  it  from  the 
heated  liquid  be  approved  as  a  follower  of  the  truth,  and  afterwards  let 
the  other  party  be  converted  to  the  knowledge  of  this  truth.  And  do 
thou  also  understand,  O  heretic,  that  this  our  party  will  fulfil  the  con- 
ditions with  the  aid  of  the  Holy  Ghost ;  thou  shalt  confess  that  there  is 
no  discordance,  no  dissimilarity  in  the  Holy  Trinity."  The  heretic  con- 
sented to  the  proposition  and  they  separated  after  appointing  the  next 
morning  for  the  trial.  But  the  fervor  of  faith  in  which  the  deacon  had 
first  made  this  suggestion  began  to  cool  through  the  instigation  of  the 
enemy.  Eising  with  the  dawn  he  bathed  his  arm  in  oil  and  smeared  it 
with  ointment.  But  nevertheless  he  made  the  round  of  the  sacred 
places  and  called  in  prayer  on  the  Lord.  What  more  shall  I  say? 
About  the  third  hour  they  met  in  the  market  place.  The  people  came 
together  to  see  the  show.  A  fire  was  lighted,  the  kettle  was  placed 
upon  it,  and  when  it  grew  very  hot  the  ring  was  thrown  into  the  boiling 
water.  The  deacon  invited  the  heretic  to  take  it  out  of  the  water  first. 
But  he  promptly  refused,  saying,  "Thou  who  didst  propose  this  trial 
art  the  one  to  take  it  out."  The  deacon  all  of  a  tremble  bared  his  arm. 
And  when  the  heretic  presbyter  saw  it  besmeared  with  ointment  he  cried 
out:   "With  magic  arts  thou  hast  thought  to  protect  thyself,  that  thou 


A  period  of  three  days  was  allowed  to  elapse  before  the  hand  was  examined. 


DESCRIPTION    OF   COLD    WATER    ORDEAL.  II 

hast  made  use  of  these  salves,  but  what  thou  hast  done  will  not  avail." 
While  they  were  thus  quarreling  there  came  up  a  deacon  from  Ra- 
venna named  lacinthus  and  inquired  what  the  trouble  was  about. 
When  he  learned  the  truth  he  drew  his  arm  out  from  under  his  robe  at 
once  and  plunged  his  right  hand  into  the  kettle.  Now  the  ring  that 
had  been  thrown  in  was  a  little  thing  and  very  light  so  that  it  was 
thrown  about  by  the  water  as  chaff  would  be  blown  about  by  the  wind  ; 
and  searching  for  it  a  long  time  he  found  it  after  about  an  hour.  Mean- 
while the  flame  beneath  the  kettle  blazed  up  mightily  so  that  the  greater 
heat  might  make  it  difiicult  for  the  ring  to  be  followed  by  the  hand ; 
but  the  deacon  extracted  it  at  length  and  suffered  no  harm,  protesting 
rather  that  at  the  bottom  the  kettle  was  cold  while  at  the  top  it  was  just 
pleasantly  warm.  When  the  heretic  beheld  this  he  was  greatly  con- 
fused and  audaciously  thrust  his  hand  into  the  kettle  saying,  "My  faith 
will  aid  me."  As  soon  as  his  hand  had  been  thrust  in  all  the  flesh  was 
boiled  off  the  bones  clear  up  to  the  elbow.     And  so  the  dispute  ended. 

3.       HINCMAR's   DESCRIPTION    OF   THE    COLD   WATER    ORDEAL. 

De   Divort.   Lotharii  c.   vi.   in    Migne :    Patrologia,  Vol.    125,  col.  668,  669. 
Latin. 

Now  the  one  about  to  be  examined  is  bound  by  a  rope  and  cast 
into  the  water  because,  as  it  is  written,  each  one  shall  be  holden  with 
the  cords  of  his  iniquity.^  And  it  is  evident  that  he  is  bound  for  two 
reasons ;  to  wit,  that  he  may  not  be  able  to  practice  any  fraud  in  con- 
nection with  the  judgment,  and  that  he  may  be  drawn  out  at  the  right 
time  if  the  water  should  receive  him  as  innocent,  so  that  he  perish  not. 
For  as  we  read  that  Lazarus,  who  had  been  dead  four  days  (by  whom 
is  signified  each  one  buried  under  a  load  of  crimes),  was  buried  wrapped 
in  bandages  and,  bound  by  the  same  bands,  came  forth  from  the  sep- 
ulchre at  the  word  of  the  Lord  and  was  loosed  by  the  disciples  at  his 
command;  so  he  who  is  to  be  examined  by  this  judgment  is  cast  into 
the  water  bound,  and  is  drawn  forth  again  bound,  and  is  either  im- 
mediately set  free  by  the  judgment  of  the  judges,  being  purged,  or  re- 
mains bound  till  the  time  of  his  purgation  and  is  then  examined  by  the 

court And  in  this  ordeal  of  cold  water  whoever,  after  the 

invocation  of  God,  who  is  the  Truth,  seeks  to  hide  the  truth  by  a  lie, 


Prov.  V.  22. 


12  TRANSLATIONS    AND   REPRINTS. 

cannot  be  submerged  in  the  waters  above  which  the  voice  of  the  Lord 
God  has  thundered ;  for  the  pure  nature  of  the  water  recognizes  as  im- 
pure and  therefore  rejects  as  inconsistnet  with  itself  such  human  nature 
as  has  once  been  regenerated  by  the  waters  of  baptism  and  is  again  in- 
fected by  falsehood. 

4.       DOOM   OF   KING    AETHELSTAN    REGARDING   THE    ORDEAL    OF 
RED-HOT    IRON. 

Thorpe's  Ancient  Laws  of  England.    I,  p.  226.   Anglo  Saxon,  and  Latin.    Also 
Concil.  Greatanlea.  can.  vii  and  viii,  in  Harduin  VI,  col.  569.     Latin.     928.  A.  D. 

If  anyone  shall  have  given  pledge  to  undergo  the  ordeal  of  iron 

,  let  him  go  three  days  beforehand  to  the  priest  whose  duty  it  is 

to  bless  him  with  the  sign  of  the  cross ;  and  let  him  live  upon  bread, 
water,  salt  and  herbs,  and  hear  mass  each  one  of  the  three  days ;  and  let 
him  make  his  offering  and  go  to  the  holy  communion  on  the  day  when 
he  is  to  be  examined  by  the  ordeal ;  and  before  he  is  examined  let  him 

swear  that  by  the  law  of  the  realm  he  is  innocent  of  the  charge 

Concerning  the  ordeal  we  enjoin  in  the  name  of  God  and  by  the  com- 
mand of  the  archbishop  and  of  all  our  bishops  that  no  one  enter  the 
church  after  the  fire  has  been  brought  in  with  which  the  ordeal  is  to  be 
heated  except  the  priest  and  him  who  is  to  undergo  judgment.  And  let 
nine  feet  be  measured  off  from  the  stake  to  the  mark,  by  the  feet  of  him 

who  is  to  be  tried And  when  the  ordeal  is  ready  let  two  men 

from  each  side  go  in  and  certify  that  it  is  as  hot  as  we  have  directed  it 
to  be.  Then  let  an  equal  number  from  both  sides  enter  and  stand  on 
either  side  of  the  judgment  place  along  the  church,  and  let  them  all  be 
fasting  and  abstinent  from  their  wives  on  the  preceding  night.  And  let 
the  priest  sprinkle  them  all  with  water  and  let  them  bow  themselves 
everyone  to  the  holy  water  and  let  the  holy  Gospel  and  the  cross  be 
given  them  all  to  kiss.  And  no  one  shall  mend  the  fire  any  longer  than 
the  beginning  of  the  hallowing,  but  let  the  iron  lie  on  the  coals  until  the 
last  collect.  Afterwards  let  it  be  placed  on  a  frame,  and  let  no  one 
speak  except  to  pray  diligently  to  God,  the  Father  Omnipotent,  to  deign 
to  manifest  His  truth  in  the  matter.  And  let  the  accused  drink  of  the 
holy  water  and  then  let  the  hand  with  which  he  is  about  to  carry  the 
iron  be  sprinkled,  and  so  let  him  go  [to  the  ordeal.]  Let  the  nine  feet 
that  were  measured  off  be  divided  into  three  sections.  In  the  first  di- 
vision let  him  hold  his  right  foot,  close  to  the  stake.     Then  let  him 


ORDEAL  UNDERGONE  BY  QUEEN  EMMA.  1 3 

move  his  right  foot  across  the  second  into  the  third  division,  where  he 
shall  cast  the  iron  in  front  of  him  and  hasten  to  the  holy  altar.  Then 
let  his  hand  be  sealed  up,  and  on  the  third  day  let  examination  be  made 
whether  it  is  clean  or  foul^  within  the  wrapper.  And  whoever  shall 
transgress  these  laws,  be  the  ordeal  of  no  worth  in  his  case,  but  let  him 
pay  the  king  a  fine  of  twenty  shillings. 

5.        ORDEAL    OF    GLOWING    PLOUGHSHARES    UNDERGONE    BY 
QUEEN    EMMA. 

Annales  Winton.  ami.  1043,  in  Annales  Monastic!  II.  pp.  23,  24.  R.  S. 
Latin. 

This  story  though  evidently  apocryphal  ^  was  probably  written  about  the  end 
of  the  1 2th  century  and  gives  an  idea  of  the  ceremony  as  it  was  employed  at  that 
time. 

The  queen  was  brought  at  the  king's  command  from  Whewell  to 
Winchester  and  throughout  all  the  night  preceding  her  trial  she  kept 
her  vigil  at  the  shrine  of  St.  Swithin.  ....  On  the  appointed  day 
the  clergy  and  the  people  came  to  the  church  and  the  king  himself  sat 
on  the  tribunal.  The  queen  was  brought  before  her  son  and  questioned 
whether  she  was  willing  to  go  through  with  what  she  had  undertaken. 
....  Nine  glowing  ploughshares  were  placed  on  the  carefully 
swept  pavement  of  the  church.  After  these  had  been  consecrated  by 
a  short  ceremony  the  queen's  shoes  and  stockings  were  taken  off;  then 
her  robe  was  removed  and  her  cloak  thrown  aside,  and,  supported 
by  two  bishops,  one  on  either  side,  she  was  led  to  the  torture.  The 
bishops  who  led  her  were  weeping  and  those  who  were  much  more  afraid 
than  she  were  encouraging  her  not  to  fear.  Uncontrollable  weeping 
broke  out  all  over  the  church  and  all  voices  were  united  in  the  cry 
"St.  Swithin,  O  St.  Swithin,  help  her!"  If  the  thunder  had  pealed  forth 
at  this  time  the  people  would  not  have  heard  it,  with  such  strength,  with 
such  a  concourse  of  voices  did  the  shout  go  up  to  Heaven  that  St. 
Swithin  should  now  or  never  hasten  to  her  aid.  God  suffers  violence 
and  St.  Swithin  is  dragged  by  force  from  Heaven.  In  a  low  voice  the 
queen  offered  this  prayer  as  she  undertook  the  ordeal :  "  O  God,  who 
didst  free  Susanna  from  the  wicked  elders  and  the  three  youths  from 


'  A  blister  found  on  the  hand  was  sufficient  for  conviction,  in  some  cases  at 
least.     See  Eng.  Hist.  Rev.  Ill,  p.  159. 


2  See  Freeman,  Norman  Conquest  II.  p.  568. 


14  TRANSLATIONS    AND    REPRINTS. 

the  fiery  furnace,  from  the  fire  prepared  for  me  deign  to  preserve  me 
through  the  merits  of  St.  Swithin. " 

Behold  the  miracle !  With  the  bishops  directing  her  feet,  in  nine 
steps  she  walked  upon  the  nine  ploughshares,  pressing  each  one  of  them 
with  the  full  weight  of  her  whole  body ;  and  though  she  thus  passed 
over  them  all,  she  neither  saw  the  iron  nor  felt  the  heat.  Therefore 
she  said  to  the  bishops :  "Am  I  not  to  obtain  that  which  I  especially 
sought?  Why  do  you  lead  me  out  of  the  church  when  I  ought  to  be 
tried  within  it?"  For  she  was  going  out  and  yet  did  not  realize  that 
she  had  gone  through  the  ordeal.  To  which  the  bishops  replied  as  well  as 
they  could  through  their  sobs :  "O  lady,  behold,  you  have  already  done 
it;  the  deed  is  now  accomplished  which  you  think  must  yet  be  done." 
She  gazed  and  her  eyes  were  opened ;  then  for  the  first  time  she  looked 
about  and  understood  the  miracle.  "Lead  me,"  she  said,  "to  my  son, 
that  he  may  see  my  feet  and  know  that  I  have  suffered  no  ill." 

6.       ORDEAL    OF    FIRE. 

Raimond  of  Agiles  c.  xviii.  Recueil  des  Hist,  des  Crbis.  Hist.  Occ.  Vol. 
Ill,  p.  283.    Latin.    Ct.  also,  Fulk  of  Chartres,  c.  x.,  and  Ralph  of  Caen,  c.  cviii. 

When  the  Holy  Lance  was  discovered  by  Peter  Bartholomew  at  Antioch  dur- 
ing the  first  crusade,  doubts  as  to  the  genuineness  of  the  relic  were  expressed  by, 
Boemund  and  his  followers.  To  silence  these  Peter  was  compelled  to  undergo 
the  ordeal  of  fire  to  prove  that  it  was  really  the  spear  wherewith  the  side  of  our 
Lord  had  been  pierced.     Raimond  of  Agiles  was  a  firm  believer  in  the  relic, 

....  All  these  things  were  pleasing  to  us,  and  having  enjoined 
on  him  [i.  e.,  Peter  Bartholomew]  a  fast  we  declared  that  a  fire  should 
be  prepared  upon  that  day  on  which  the  Lord  was  beaten  with  stripes 
and  put  upon  the  cross  for  our  salvation.  And  the  fourth  day  there- 
after was  the  day  before  the  Sabbath.  So  when  the  appointed  day 
came  round  a  fire  was  prepared  after  the  noon  hour.  The  leaders  and 
the  people  to  the  number  of  60,000  came  together  ;  the  priests  were 
there  also  with  bare  feet,  clothed  in  ecclesiastical  garments.  The  fire 
was  made  of  dry  olive  branches,  covering  a  space  thirteen  feet  long ; 
and  there  were  two  piles  with  a  space  about  a  foot  wide  between  them. 
The  height  of  these  piles  was  four  feet.  Now  when  the  fire  had  been 
kindled  so  that  it  burned  fiercely,  I,  Raimond,  in  presence  of  the  whole 
multitude,  spoke:  " If  Omnipotent  God  has  spoken  to  this  man  face  to 
face,  and  the  blessed  Andrew  has  shown  him  our  Lord's  lance  while  he 
was  keeping  his  vigil,  let  him  go  through  the  fire  unharmed.     But  if  it 


ORDEAL    OF    FIRE.  1 5 

is  false,  let  him  be  burned  together  with  the  lance  which  he  is  to  carry 
in  his  hand."  And  all  responded  on  bended  knees,  "Amen."  The 
fire  was  growing  so  hot  that  the  flames  shot  up  thirty  cubits  high  into 
the  air  and  scarcely  anyone  dared  approach  it.  Then  Peter  Bartholo- 
mew clothed  only  in  his  tunic  and  kneeling  before  the  bishop  of  Albar 
called  God  to  witness  "that  he  had  seen  Him  face  to  face  on  the  cross, 

and  that  he  had  heard  from  Him  those  things  above  written " 

Then  when  the  bishop  had  placed  the  lance  in  his  hand,  he  kneeled 
and  made  the  sign  of  the  cross  and  entered  the  fire  with  the  lance,  firm  and 
unterrified.     For  an  instant's  time  he  paused  in  the  midst  of  the  flames, 

and  then  by  the  grace  of  God  passed  through But  when 

Peter  emerged  from  the  fire  so  that  neither  his  tunic  was  burned 
nor  even  the  thin  cloth  with  which  the  lance  was  wrapped  up  had  shown 
any  sign  of  damage,  the  whole  people  received  him  after  that  he  had 
made  over  them  the  sign  of  the  cross  with  the  lance  in  his  hand  and 
had  cried,  "God  aid  us!"  All  the  people,  I  say,  threw  themselves  upon 
him  and  dragged  him  to  the  ground  and  trampled  on  him,  each  one 
wishing  to  touch  him  or  to  get  a  piece  of  his  garment,  and  each  think- 
ing him  near  someone  else.  And  so  he  received  three  or  four  wounds  in 
the  legs  where  the  flesh  was  torn  away,  his  back  was  injured  and  his 
sides  bruised.  Peter  had  died  on  the  spot,  as  we  believe,  had  not 
Raimond  Pelet,  a  brave  and  noble  soldier,  broken  through  the  wild 
crowd  with  a  band  of  friends  and  rescued  him  at  the  peril  of  their  lives. 
,  .  .  .  .  After  this^  Peter  died  in  peace  at  the  hour  appointed  to  him 
by  God,  and  journeyed  to  the  Lord;  and  he  was  buried  in  the  place 
where  he  had  carried  the  lance  of  the  Lord  through  the  fire.^ 


^  Twelve  days  later.     . 

.  2  A  great  controversy  arose  as  to  the  cause  of  his  death,  his  friends  ascribing  it 
to  his  rough  treatment  after  the  ordeal,  his  enemies  declaring  that  it  vi^as  due  to  the 
burns  he  had  received.  From  the  statement  of  the  anonymous  author  of  an 
abridgement  to  Fulk  of  Chartres  to  the  effect  that  Peter  did  not  live  through 
fifteen  days  following  the  ordeal,  but  died  on  the  twelfth,  it  would  seem  that 
fifteen  days  was  the  period  fixed  by  law  within  which  the  judgment  of  God  was 
expected  to  manifest  itself.     Gesta  Franc.  Iherusalem  expugnantium,  c.  XXVI. 


1 6  TRANSLATIONS   AND   REPRINTS. 

7.       ORDEAL   OF   THE   CROSS. 

(a)  Capitulary  of  Charles  the  Great. 
Charta  divis.  c.  14  Baluze :  Capitularia  I,  col.  309.     Latin. 
In  the  ordeal  of  the  cross  the  two  litigants  were  placed  standing  before  a  cni- 
eifix  with  their  arms  outstretched.     The  one  who  was  able  to  maintain  this  position 
the  longer  won  his  case. 

If  a  dispute,  contention,  or  controversy  shall  arise  between  the 
parties  regarding  the  boundaries  or  limits  of  their  kingdoms  of  such  a 
nature  that  it  cannot  be  settled  or  terminated  by  human  evidence,  then 
we  desire  that  for  the  decision  of  the  matter  the  will  of  God  and  the 
truth  of  the  dispute  may  be  sought  by  means  of  the  judgment  of  the 
cross,  nor  shall  any  sort  of  battle  or  duel  ever  be  adjudged  for  the  de- 
cision of  any  such  question, 

(b)  Capitulary  of  Louis  le  Debonnaire. 
Capit.  Eccl.,  ann.  818,  c.  27.     M.G.  LL.  vol.  I,  p.  209.     Latin. 
It  is  enacted  that  hereafter  no  one  shall  presume  to  undertake  any 
sort  of  ordeal  of  the  cross ;  lest  that  which  was  glorified  by  the  passion 
of  Christ  should  be  brought  into  contempt  through  anyone's  temerity. 

8.       DISTRUST   OF   ORDEAL   SHOWN   BY    LAW   OF   HENRY   II. 
Assize  of  Clarendon,  §  14,  in  Gesta  Heinrici  II.,  II.  p,  clii.  R.  S.     Latin. 

Also  the  lord  king  wishes  that  those  who  shall  make  their  law^ 
and  shall  be  acquitted  by  the  law,  if  they  be  of  very  bad  repute  and 
evilly  defamed  by  the  testimony  of  many  legal  men,  shall  abjure  the 
realm,  so  that  within  eight  days  they  shall  cross  the  sea  unless  the  wind 
shall  detain  them ;  and  with  the  first  wind  they  shall  have  thereafter 
they  shall  cross  the  sea ;  and  moreover  they  shall  not  return  to  England 
except  by  grace  of  the  king ;  and  there  let  them  be  outlawed.  And  if 
they  return  let  them  be  seized  as  outlaws. 

9.       ABOLITION    OF   ORDEALS. 
(a)  Decree  of  Innocent  III. 

Corp.  Jur.  Can.  c.  9,  Extra,  III.  50  (Can.  18,  Cone.  Lateran.  IV.  ann.  1215.) 
Latin. 

Also  let  no  ecclesiastic  be  placed  in  command  of  low  soldiery,  or 
bowmen,  or  men  of  blood  of  that  sort,  nor  let  any  subdeacon,  deacon,  or 


i.  e.,  who  shall  be  admitted  to  the  ordeal. 


INSTRUCTIONS    OF    HENRY    III.    ABOUT    ORDEALS.  1 7 

priest  pactice  any  office  of  surgery  which  requires  burning  or  cutting. 
Nor  let  anyone  pronounce  over  the  ordeal  of  hot  or  cold  water  or  glow- 
ing iron  any  benediction  or  rite  of  consecration,  regard  being  also  paid 
to  the  prohibitions  formerly  promulgated  respecting  the  single  combat  or 
duel. 

(b)  Instructions  of  Henry  III.  to  his  judges  in  1219. 
Rymer's  Foedera  (old  ed.)  I.  p.  228.     Latin. 

The  king  to  his  beloved  and  faithful  Philip  de  Ulletot  and  his  fel- 
low judges  traveling  in  the  counties  of  Cumberland,  Westmoreland,  and 
Lancaster,  greeting:  Since  it  w^as  doubtful  and  undetermined  at  the 
beginning  of  your  eyre  by  what  sort  of  judgment  they  ought  to  be 
brought  to  trial  who  were  accused  of  theft,  murder,  incendiarism,  and 
similar  crimes,  inasmuch  as  the  Eoman  Church  has  prohibited  the 
judgment  of  fire  and  water,  it  is  enacted  by  our  council  that  in  this 
your  eyre  the  matter  be  thus  conducted  for  the  present  in  regard  to 
those  accused  of  such  excesses.  To  wit,  that  those  accused  of  the  afore- 
said major  crimes,  who  may  be  strongly  suspected  of  being  guilty  and 
regarding  whom  the  suspicion  might  still  be  entertained  that  they  would 
do  harm  should  they  be  allowed  to  abjure  the  realm,  that  such  persons 
should  be  retained  in  our  prison  and  guarded  carefully  that  they  may 
incur  no  danger  of  life  or  limb  by  occasion  of  our  prison.  But  those 
who  may  be  accused  of  moderate  crimes,  in  whose  cases  the  ordeal  of 
fire  or  water  would  have  been  applicable  had  it  not  been  prohibited, 
and  who  are  not  suspected  of  being  liable  to  do  harm  afterwards  if  they 
should  abjure  our  realm,  let  them  abjure  the  realm.  As  to  those,  how- 
ever, who  may  be  accused  of  minor  crimes,  and  who  are  not  held  in 
suspicion,  let  them  give  sure  and  sufficient  pledge  of  fidelity  and  inten- 
tion to  keep  the  peace  and  so  let  them  be  dismissed. 

Since,  therefore,  our  council  has  provided  nothing  more  definite  in 
this  matter,  we  leave  to  your  discretion  to  observe  the  aforesaid  regula- 
tion, so  that  you  who  are  better  able  to  recognize  the  persons  of  the 
men,  the  form  of  the  crime  and  the  truth  of  the  matter  itself  may  pro- 
ceed in  this  according  to  your  conscience  and  discretion. 

(c)  Edict  of  Pope  Honorius  in  1222  renewing  the  prohibition  of  the  ordeal. 
Corp.  Jur.  Can.  (ed.  Friedberg)  c.  3,  Extra,  V,,  35.     Latin. 
Our  beloved  sons  recently  baptized  in  Livonia  have  addressed  a 


t8  translations  and  reprints. 

serious  complaint  to  us  that  the  Teutonic  Knights  of  Livonia  and  certain 
other  advocates  and  judges  who  exercise  temporal  power  in  the  country, 
if  ever  the  inhabitants  are  accused  of  any  sort  of  crime,  compel  them  to 
undergo  the  judgment  of  red-hot  iron ;  and  if  they  suffer  any  burns  from 
this,  they  inflict  civil  penalties  on  them  much  to  the  scandal  and  terror 
of  the  converts  and  of  those  about  to  be  converted.  Since,  therefore, 
this  sort  of  judgment  has  been  utterly  forbidden  by  legitimate  and  ca- 
nonical decrees,  inasmuch  as  God  appears  thereby  to  be  tempted,  we 
command  thee  that,  setting  aside  any  appeal,  and  warning  them  by  ec- 
clesiastical censure,  thou  shouldst  compel  the  said  brothers  and  others 
to  desist  from  all  similar  oppression  of  the  converts. 

lO.       LAW    OF    FREDERIC    II.    AGAINST   THE    ORDEAL. 

Const.    Sicular.   Lib.  II.,  Tit.   31.     Huillard-Breholles :  Hist.  Dip.   Frid.   II, 
vol.  IV,  part  I,  p.  102.     Latin. 

The  laws  which  are  called  by  certain  ingenuous  persons  paribiles,^ 
which  neither  regard  nature  nor  give  heed  to  the  truth,  We,  who  in- 
vestigate the  true  science  of  laws  and  reject  their  errors,  abolish  from 
our  tribunals ;  forbidding  by  the  edict  published  under  sanction  of  our 
name  all  the  judges  of  our  kingdom  ever  to  impose  on  any  of  our  faith- 
ful subjects  these  paribiles  laws,  which  ought  rather  to  be  called  laws 
that  conceal  the  truth ;  but  let  them  be  content  with  ordinary  proofs 
such  as  are  prescribed  in  the  ancient  laws  and  in  our  constitutions.  In- 
deed, we  consider  that  they  deserve  ridicule  rather  than  instruction  who 
have  so  little  understanding  as  to  believe  that  the  natural  heat  of  red- 
hot  iron  grows  mild,  nay,  (what  is  more  foolish)  even  turns  to  coldness 
without  the  working  of  an  adequate  cause ;  or  who  assert  that  on  ac- 
count of  a  troubled  conscience  alone  a  criminal  does  not  sink  into  the 
cold  water,  when  rather  it  is  the  holding  in  of  sufficient  air  that  does 
not  allow  of  his  being  submerged.^ 


^  Lex  paribilis  from  a  duel  or  combat  of  peers  or  champions.     Ducange. 
2  This  last  clause  is  supposed  to  refer  to  some  artifice  whereby  those  conduct- 
ing the  ordeal  secured  a  conviction  when  they  so  desired. 


EXAMPLE   OF    JUDICIAL   DUEL.  1 9 

III.     JUDGMENTS  OF  GOD— WAGER  OF  BATTLE. 

The  practice  of  appealing  to  the  judgment  of  God  to  settle  questions  which  it 
transcended  man's  wisdom  to  decide  is  of  prehistoric  origin.  When  the  Germans 
invaded  the  empire  a  great  impetus  was  given  this  custom  by  the'  resulting  compli- 
cations in  legal  relations.  The  theory  of  the  personality  of  the  law  made  it  difficult 
if  not  impossible  to  equitably  decide  questions  arising  between  subjects  of  two  dif- 
ferent races  by  any  other  method  than  an  appeal  to  divine  justice,  and  hence  we 
find  the  ordeal  and  wager  of  battle  greatly  extended  and  its  procedure  adopted  and 
systematized  by  the  church.  In  this  way  the  latter  obtained  great  influence  over 
the  minds  of  the  barbarians  and  added  largely  to  its  power  and  revenues  by  assum- 
ing control  of  the  administration  of  justice.  The  ordeal  continued  to  flourish  until 
the  13th  century,  when  the  developing  national  monarchies  gradually  forced  it  to 
give  way.  The  papal  influence,  likewise  thrown  on  the  side  of  the  reform,  materi- 
ally aided  the  movement  in  spite  of  the  opposition  of  the  local-clergy.  The  wager 
of  battle,  however,  though  even  more  strenuously  opposed  by  the  church,  did  not 
meet  with  the  same  hostility  from  the  secular  authorities,  and  is  to  be  met  with  oc- 
casionally as  late  as  the  1 6th  century.  In  England  it  was  not  formally  abolished 
until  1819.  .      -. 

I.       EXAMPLE   OF   JUDICIAL   DUEL    IN    GERMANY.^ 
Wiponis  Vita  Chuonradi  Imp.,  c.  ^3-  ann.  1033.  M.G.  SS.  XI.  p.  271. 

The  emperor  haying  levied  a  force  in  Saxony  marched  upon  the 
Luitzes,^  a  people  who  were  formerly  half  Christians  but  who  have 
wickedly  apostatized  and  are  now  become  thorough  pagans.  In  their 
district  he  put  an  end  to  an  implacable  strife  in  a  wonderful  manner. 
Between  the  Saxons  and  the  pagans  at  that  time  fighting  and  raids  were 
being  carried  on  incessantly,  and  when  the  emperor  came  he  began  to 
inquire  which  side  had  first  broken  the  peace  that  had  long  been  ob- 
served inviolate  between  them.  The  pagans  said  that  the  peace  had 
been  disturbed  first  by  the  Saxons,  and  they  would  prove  this  by  the 
duel  if  the  emperor  would  so  direct.  On  the  other  side  the  Saxons 
pledged  themselves  to  refute  the  pagans  in  like  manner  by  single  com- 
bat, though  as  a  matter  of  fact  their  contention  was  untrue.  The  em- 
peror after  consulting  his  princes  permitted  the  matter  to  be  settled  be- 
tween them  by  a  duel,  though  this  was  not  a  very  wise  act.  Two 
champions,  each  selected  by  his  own  side,  immediately  engaged.  The 
Christian,  trusting  in  his  faith  alone,  though  faith  without  the  works  of 


^  For  a  good  example  of  the  judicial  duel  under  Otto  I.  see  Widukind,  Saxon 
Chronicle,  an.  938,  trans,  in  Emerton's  Introduction  to  the  Middle  Ages ^  p.  '^2>. 
2  A  Wendish  tribe  living  on  the  east  side  of  the  river  Elbe. 


20  TRANSLATIONS    AND    EEPEINTS. 

justice  is  dead,  began  the  attack  fiercely  without  diligently  considering 
that  God,  who  is  the  Truth,  who  maketh  His  sun  to  shine  upon  the  evil 
and  the  good,  and  the  rain  to  fall  upon  the  just  and  the  unjust,  decides 
all  things  by  a  true  judgment.  The  pagan  on  the  other  hand  resisted 
stoutly,  having  before  his  eyes  only  the  consciousness  of  the  truth  for 
which  he  was  fighting.  Finally  the  Christian  fell  wounded  by  the 
pagan.  Thereupon  his  party  were  seized  with  such  elation  and  pre- 
sumption that,  had  the  emperor  not  been  present,  they  would  forthwith 
have  rushed  upon  the  Christians;  but  the  emperor  constructed  the 
fortress  Werben  in  which  he  placed  a  garrison  of  soldiers  to  check  their 
incursions  and  bound  the  Saxon  princes  by  an  oath  and  by  the  imperial 
commands  to  a  unanimous  resistance  against  the  pagans.  Then  he  re^ 
turned  to  Franconia.^ 

2.       THE   JUDICIAL   COMBAT   IN   SPAIN. 

Rodericus  Toletanus,  Lib,  VI.  c,  26.  Bel :  Rerum  Hispanic.  Script.  I,  p.  241. 
Latin.     13th  century. 

The  old  Gothic  or  Mozarabic  ritual  long  preserved  its  place  in  the  churches  of 
Spain,  but  Gregory  VII.  on  his  accession  determined  to  substitute  the  Roman  in 
place  of  the  old  national  service  in  Castile  and  Leon.  The  supporters  of  the  papal 
policy  were  not  at  first  able  to  carry  their  point  by  means  of  aigument,  and  resort 
was  had  to  single  combat  between  champions,  one  representing  the  Roman,  the 
other  the  Gothic  ritual. ^ 

But  before  the  recall  [of  the  legate  Richard]  the  clergy  and  peo- 
ple of  all  Spain  were  thrown  into  confusion  by  being  compelled  by  the 
legate  and  the  prince  to  accept  the  Gallic  ritual.  On  an  appointed  day 
the  king,  the  primate,  the  legate,  the  clergy,  and  a  vast  multitude  of 
people  came  together  and  a  long  altercation  took  place,  the  clergy, 
soldiery  and  people  firmly  resisting  a  change  in  the  service,  the  king, 
under  the  influence  of  the  queen,  supporting  the  change  with  threats 
and  menaces.  Finally  the  demands  of  the  soldiery  brought  matters  to 
such  a  crisis  that  it  was  decided  to  settle  the  dispute  by  a  duel.  When 
two  soldiers  had  been  selected,  one  by  the  king,  who  contended  for  the 
Gallic  ritual,  the  other  by  the  soldiery  and  people,  who  were  equally 
zealous  for  the  ritual  of  Toledo,  the  king's  champion  was  defeated  on 


^  For  a  discussion  of  this  incident  see   Jahrbiicher   d.   deutschen  Geschichte, 
Konrad  IL,  IL  94,  sq. 

'^  See  Hefele,  Conciliengescbichte  V.,  pp.  158  and  200. 


LAW   OF    FREDERIC    II.    ABOLISHING   WAGER   OF    BATTLE.  21 

the  spot  to  the  exultation  of  the  people,  because  the  victor  was  the 
champion  of  the  Toledo  service.  But  the  king  was  so  far  persuaded  by- 
queen  Constantia  that  he  did  not  recede  from  his  demands,  adjudging 

the  duel  to  be  of  no  weight And  when  thereupon  a  great 

tumult  arose  among  the  soldiers  and  the  people,  it  was  finally  decided 
that  a  copy  of  the  Toledo  ritual,  and  one  of  the  Gallic  should  be  placed 
in  a  great  fire.  When  a  fast  had  been  imposed  upon  all  by  the  pri- 
mate, legate,  and  clergy,  and  all  had  devoutly  prayed,  the  Gallic  of- 
fice was  consumed  by  the  fire,  while  the  Gothic  leaped  up  above  the 
flames  and  was  seen  by  all  who  stood  there  praising  the  Lord  to  be 
wholly  uninjured  and  untouched  by  the  fire.  But  since  the  king  was 
obstinate  and  stiff'-necked  he  would  not  turn  aside  either  through  fear  of 
the  miracle  or  through  supplication  of  the  people,  but,  threatening  con- 
fiscation and  death  against  those  who  resisted,  he  ordered  the  Gallic  of- 
fice to  be  adopted  in  all  his  dominions.  Whence  arose  from  the  grief 
and  sorrow  of  all  the  proverb.  Quo  volunt  Reges,  vadunt  Leges. 

3.       LAW  OF  FREDERIC  IL  ABOLISHING  WAGER  OF   BATTLE   IN   SICILY. 

Const.  Sicular.  Lib.  II.,  Tit.  33.     H.  Br^holles :  Op.  cit.  vol.  IV,  part  I,  p. 
105.     Latin. 

We  will  that  the  single  combat,  or  duel  as  it  is  commonly  called, 
shall  never  be  adjudged  between  men  subject  to  our  jurisdiction,  except 
in  a  few  specified  cases ;  for  it  cannot  be  called  so  much  a  real  proof  as 
a  sort  of  divination,  which  is  not  in  accord  with  nature  but  is  opposed  to 
universal  law  and  inconsistent  with  just  reason.  For  it  is  almost  if  not 
quite  impossible  for  two  champions  to  come  together  so  equally  matched 
that  the  one  is  not  wholly  superior  to  the  other  in  strength  or  does  not 
excel  him  in  some  other  way  by  greater  vigor  and  courage  or  at  least  in 
cleverness.  But  we  exclude  from  the  benefit  of  this  humane  edict  mur- 
derers who  are  charged  with  having  caused  the  death  of  others  by  using 
poison  or  some  other  secret  means ;  and  even  against  these  we  do  not 
sanction  the  wager  of  battle  at  the  beginning  of  the  trial,  but  command 
that  ordinary  proofs  be  first  adduced  against  them  if  there  be  any  such 
at  hand,  and  that  only  then,  as  a  last  resort,  when  the  crime  cannot  be 
fully  established  by  other  proofs  after  a  thorough  investigation  by  the 
officials  of  the  court,  resort  may  be  had  to  the  judgment  of  battle  to  de- 
cide the  above  charges :  and  we  wish  all  these  things  to  be  arranged 
through  the  medium  of  a  judge  fully  cognizant  of  the  proceedings,  that 


22  TRANSLATIONS    AND   REPRINTS. 

he  may  carefully  and  diligently  investigate  the  proofs  brought  out  by 
the  inquisition.  And  if  the  charges  shall  not  be  proved  as  stated  let 
him  grant  the  accuser  permission  to  offer  battle,  if  nothing  was  brought 
out  in  court  prejudicial  to  the  accuser's  right.  But  if  the  accuser  should 
first  offer  to  prove  the  crime  by  witnesses  and  their  testimony  should  be 
insufficient,  the  trial  shall  not  take  place  by  the  double  method  of  in- 
quisition and  battle,  but  the  defendant,  not  being  convicted  of  guilt  and 
being  presumably  innocent,  shall  be  set  free ;  because  we  wish  the  same 
law  to  be  observed  among  all,  both  Franks  and  Lombards,  and  in  all 
cases.  In  our  new  constitution,  indeed,  wager  of  battle  has  been  suffi- 
ciently recognized  in  the  case  of  the  knights  and  nobles  of  our  kingdom 
and  of  others  who  are  able  to  offer  battle.  For  we  except  the  crime  of 
treason,  respecting  which  we  preserve  the  judicial  duel.  Nor 
is  it  strange  if  we  subject  traitors,  secret  murderers  and  poisoners  to  the 
duel  (though  not  so  much  as  a  method  of  judgment  as  to  terrify  them) ; 
not  because  our  Serenity  deems  that  just  in  their  case  which  it  has  de- 
clared unjust  in  others,  but  because  we  desire  that  such  homicides  as 
have  not  feared  to  lay  secret  plots  against  human  life,  which  God's 
power  alone  can  call  into  existence,  should  be  publicly  subjected  to  this 
terrible  method  of  proof  in  the  sight  of  all  men  as  a  punishment  and  an 
example  to  others.  Those  also  we  exclude  from  the  terms  of  our  leni- 
ency who  do  not  hesitate  to  plot  against  our  peace  in  which  the  peace  of 
all  the  rest  is  involved. 


IV.     EXCOMMUNICATION. 

The  church  as  a  voluntary  organization  had  from  the  beginning  exercised  the 
right  of  excluding  from  its  membership  those  who  did  not  conform  to  its  standards, 
but  it  was  not  until  Cyprian's  time  that  this  came  to  be  generally  looked  upon  as 
equivalent  to  exclusion  from  salvation.  As  the  theory  of  the  church's  true  mis- 
sion developed  in  the  minds  of  its  leaders  the  field  of  excommunication  rapidly  ex- 
panded and  the  tone  of  its  priesthood  grew  more  certain.  This  change  is  well 
shown  by  comparing  St.  Ambrose's  mild  remonstrance  against  Theodosius  with 
the  haughty  attitude  of  the  popes  of  the  12th  and  13th  centuries,  and  by  noting  how 
the  state  was  compelled  to  support  by  civil  penalties  the  sentence  of  the  church. 
Finally  excommunication  came  to  be  looked  upon  as  little  more  than  a  ban  or 
curse  which  could  be  employed  by  the  clergy  to  avenge  their  private  wrongs,  to 
strengthen  contracts,  or  even  to  punish  animals  or  demons.  The  abuses  to  which 
the  system  gave  rise  became  so  great  that  even  before  the  Reformation  the  censure 
had  lost  much  of  its  force,  and  since  that  time  it  has  been  less  and  less    employed. 


THREAT    OF   EXCOMMUNICATION    AGAINST   THEODOSIUS.  23 

I.       ST.    CYPRIAN    ON   THE   NECESSITY    OF   MEMBERSHIP   IN    THE 

CHURCH. 
De  Unitate  Ecclesiae,  ^  6,  in  Migne,  Pat,  Lat.  vol.  IV.  col.  502,  503. 
The  spouse  of  Christ  caniiot  be  an  adulteress,  she  is  uncorrupted 
and  pure.  She  knows  but  one  house,  she  watches  over  the  sanctity  of 
one  couch  with  chaste  modesty.  She  preserves  us  for  God ;  she  confers 
the  kingdom  on  the  son  whom  she  has  brought  forth.  Whosoever  sep- 
arates himself  from  the  church  and  is  joined  to  an  adulteress  is  sepa- 
rated from  the  promises  of  the  church ;  nor  will  he  attain  to  the  rewards 
of  Christ  who  deserts  Christ's  church.  He  is  an  alien,  he  is  profane, 
he  is  an  enemy.  Ha  can  no  longer  have  God  for  his  father  who  has 
not  the  church  for  his  mother.  If  anyone  could  escape  who  w^as  out- 
side the  ark  of  Noah,  so  also  may  he  escape  who  shall  be  outside  the 
bounds  of  the  church. 

2.     ST.  Ambrose's  threat  of  excommunication  against 

THEODOSIUS. 
Epist.  LI.  II  11-13,  in  Migne  :  Pat.  Lat.  vol.  XVI,  col.  1162,  1163.     Latin. 

I  have  written  these  things,  indeed,  not  to  confound  you,  but  that 
the  example  of  these  kings  might  induce  you  to  put  away  this  sin  from 
your  kingdom,  which  you  will  accomplish  by  humiliating  your  soul  to 
God.  You  are  a  man  and  temptation  has  come  to  you ;  confess  it.  Sin 
is  not  put  away  except  by  tears  and  penitence.  Neither  an  angel  can 
do  it  nor  an  archangel ;  the  Lord  himself,  who  alone  can  say,  "  I  am 
with  you,"  does  not  forgive  us  if  we  have  sinned  except  we  be  penitent. 
I  persuade,  I  beg,  I  exhort,  I  admonish ;  because  it  is  a  grief  to  me 
that  you  who  were  an  example  of  unusual  piety,  who  were  the  very  person- 
ification of  clemency,  who  would  not  allow  guilty  individuals  to  be 
brought  into  danger,  that  you  do  not  grieve  at  the  death  of  so  many  in- 
nocent persons.  Although  you  have  fought  battles  most  successfully, 
although  in  other  things  also  you  are  worthy  of  praise,  yet  the  crown  of 
all  your  work  was  always  piety.  This  the  devil  envied  you,  since  it 
was  your  ever  present  possession.  Conquer  him  while  as  yet  you  have 
wherewith  you  may  conquer.  Do  not  add  another  sin  to  your  sin,  that 
you  may  practice  what  it  has  injured  many  to  practice. 

I,  indeed,  though  in  all  other  things  a  debtor  to  your  kindness 
which  I  can  never^be  ungrateful  for,  which  kindness  surpassed  that  of 
many  emperors  and  was  equalled  by  the  kindness  of  one  only,  I,  I  say, 


24  TRANSLATIONS    AND   REPRINTS. 

have  no  cause  for  a  charge  of  contumacy  against  you,  but  I  have  a 
cause  for  fear ;  I  dare  not  offer  the  sacrifice  if  you  will  to  be  present. 
Is  that  which  is  not  allowed  after  shedding  the  blood  of  one  innocent 
person  to  be  allowed  after  shedding  the  blood  of  many?  I  do  not  think  so. 

3.      LAW   OF    LOTHAIR    I.  IN    824. 

Leges  Langobard.  cap.  15.  M.G.  LL.  IV.  p.  542.     Latin. 

It  had  always  been  the  policy  of  the  Carolingians  to  enforce  the  decrees  of  the 
church,  but  this  is  the  first  general  direction  to  counts  to  assist  the  bishops  with 
secular  penalties. 

It  is  our  will  that,  so  often  as  any  person  shall  be  brought  to  trial 
for  any  crimes  or  misdemeanors  and  his  contumacy  shall  render  him 
liable  even  to  the  episcopal  excommunication,  the  bishop  shall  associate 
with  himself  the  count  of  his  district  so  that  the  obstinate  offender  may 
be  forced  by  the  united  action  of  both  to  render  obedience  to  the  com- 
mand of  the  bishop.  If  he  does  not  obey  let  him  pay  us  our  fine ;  but 
if  he  still  remains  contumacious  let  him  be  excommunicated  by  the 
bishop.  Then  if  he  shall  refuse  to  amend  his  ways  after  being  excom- 
municated, let  him  be  bound  and  imprisoned  by  the  count  until  we 
render  our  judgment  against  the  hardened  offender.  If,  however,  it  be 
the  count  who  is  the  guilty  party,  let  his  bishop  report  him  to  us ;  and 
if  the  culprit  be  an  imperial  vassal,  let  the  count  proceed  against  him 
as  above  directed ;  but  if  he  will  not  hear,  let  him  be  reported  to  us  be- 
fore he  is  cast  into  prison. 

4.       ENACTMENT    OF    FREDERIC    II.    IN    I220. 
Confoederatio  cum  Princip,  Ecclesiast.     ^^  6-8.     M.G.  LL.  11.  p.  236.     Latin. 

Also  we  will  avoid  the  company  of  excommunicated  persons,  as  it 
is  right  we  should  do,  provided  that  they  are  denounced  to  us  by  word 
of  mouth  or  by  letters  or  by  messengers  worthy  of  confidence ;  and  un- 
less absolution  be  previously  granted  we  will  not  concede  them  any 
standing  in  our  courts :  this  distinction,  however,  being  made,  that  ex- 
communication shall  not  hinder  them  from  appearing  as  defendants, 
though  without  advocates ;  but  it  shall  take  away  from  them  the  right 
and  power  of  acting  as  judges  or  witnesses,  or  of  bringing  suit  against 
others. 

And  since  the  temporal  sword  was  made  subsidiary  to  the  spiritual, 
if  it  be  made  known  to  us  in  any  of  the  foregoing  ways  that  the  excom- 


EXCOMMUNICATION    OF    FREDERIC    II.  25 

municales  have  persisted  in  their  contumacy  for  more  than  six  weeks, 
our  proscription  shall  be  added  to  the  excommunication,  nor  is  it  to  be 
withdrawn  unless  the  excommunication  be  previously  recalled. 

So  in  this  manner  and  in  all  other  ways,  that  is  to  say,  by  just  and 
efficacious  judgment,  we  have  solemnly  promised  to  aid  and  defend 
them  [the  clergy],  and  they  on  their  side  have  pledged  their  faith  to 
assist  us  to  the  extent  of  their  power  against  any  man  who  may  offer 
violent  resistance  to  any  such  judgment  of  ours. 

5.       EXCOMMUNICATION    OF    FREDERIC   II.    BY    INNOCENT    IV.    AT    THE 

COUNCIL    OF    LYONS,     1 245. 

Harduin,  Concilia  VIL  col.  385,  386.     Latin. 

[Innocent  recapitulates  the  efforts  of  the  popes  to  maintain  peace 
between  the  church  and  the  empire  and  dwells  upon  the  sins  of  the 
emperor.  Then,  after  charging  him  with  the  particular  crimes  of  per- 
jury, sacrilege,  heresy,  and  tyranny,  he  proceeds  as  follows:] — We,  there- 
fore, on  account  of  his  aforesaid  crimes  and  of  his  many  other  nefarious 
misdeeds,  after  careful  deliberation  with  our  brethren  and  with  the 
holy  council,  acting  however  unworthily  as  the  vicar  of  Jesus  Christ 
on  earth  and  knowing  how  it  was  said  to  us  in  the  person  of  the  blessed 
apostle  Peter,  Whatsoever  ye  shall  hind  on  earth  shall  he  hound  in  heaven ; 
We  announce  and  declare  the  said  prince  to  be  bound  because  of  his 
sins  and  rejected  by  the  Lord  and  deprived  of  all  honor  and  dignity, 
and  moreover  by  this  sentence  we  hereby  deprive  him  of  the  same  since 
he  has  rendered  himself  so  unworthy  of  ruling  his  kingdom  and  so  un- 
worthy of  all  honors  and  dignity ;  for,  indeed,  on  account  of  his  iniqui- 
ties he  has  been  rejected  of  God  that  he  might  not  reign  or  exercise 
authority.  All  who  have  taken  the  oath  of  fidelity  to  him  we  absolve 
forever  from  such  oath  by  our  apostolic  authority,  absolutely  forbidding 
anyone  hereafter  to  obey  him  or  look  upon  him  as  emperor  or  king. 
Let  those  whose  duty  it  is  to  select  a  new  emperor  proceed  freely  with 
the  election.  But  it  shall  be  our  care  to  provide  as  shall  seem  fitting 
to  us  for  the  kingdom  of  Sicily  with  the  council  of  our  brothers,  the 
cardinals. 


26  TRANSLATIONS    AND   REPRINTS. 

6.       COMMINATORY     CLAUSE    FROM    A    CHARTULARY     OF    THE    ABBEY 
OF    ST.    PETER    OF    CHARTRES.       988    A.D. 
Found  in  Giry,  Manuel  de  Diplomatique,  p.  564. 

It  was  usual  for  mediaeval  legal  documents,  and  especially  for  deeds  of  gift,  to 
contain  clauses  excommunicating  latae  sententiae  any  who  might  venture  to  in- 
fringe in  any  way  upon  the  provisions  contained  in  the  document. 

Now  if  anyone  shall  think  to  infringe  on  this  deed  of  gift  or  bring 
a  false  action  against  it,  may  he  be  seized  with  jaundice  and  smitten 
with  blindness ;  may  he  bring  his  present  life  to  a  miserable  ending  by 
a  most  wretched  death  and  undergo  everlasting  damnation  with  the 
devil,  where  bound  with  red-hot  chains,  may  he  groan  for  ever  and 
ever,  and  may  the  worm  that  never  dies  feed  on  his  flesh,  and  the  fire 
that  cannot  be  quenched  be  his  food  and  sustenance  eternally. 

7.       FORMULA    OF   EXCOMMUNICATION    OF   ANIMALS. 
Found  in  Du  Cange,  Glossarium,  s.  v.  Excommunicatio. 

In  the  name  of  the  Lord,  Amen.  Complaint  having  been  made  in 
court  by  the  inhabitants  of  Villenoce  in  the  diocese  of  Troyes  against 
the  locusts  and  caterpillars  and  other  such  animals,  called  in  the  vulgar 
tongue  Hurebecs,  that  have  laid  waste  the  vineyards  of  that  place  for 
several  years,  and  continue  to  do  so,  as  is  asserted  on  the  testimony  of 
credible  witnesses  and  by  public  rumor,  to  the  great  detriment  of  the 
inhabitants  of  that  and  neighboring  regions ;  and  their  request  having 
been  considered  that  the  aforesaid  animals  should  be  warned  by  us  and 
compelled  by  threats  of  ecclesiastical  punishment  to  depart*  from  the  ter- 
ritory of  said  town,  etc.  We,  by  the  authority  that  we  exercise  in  this 
region,  warn  the  aforesaid  locusts,  caterpillars  and  other  animals,  under 
whatsoever  name  known,  by  these  presents,  under  threat  of  curses  and 
excommunication  to  depart  from  the  vineyards  and  land  of  the  said 
town  of  Villenoce  by  virtue  of  this  sentence  within  six  days  from  the 
publication  of  this  warning  and  to  do  no  further  injury  either  there  or 
elsewhere  in  the  diocese  of  Troyes.  But,  if  the  above  mentioned  an- 
imals do  not  implicitly  obey  this  our  warning  within  the  specified  time, 
then  at  the  expiration  of  the  six  days  by  virtue  of  our  said  authority 
we  excommunicate  them  through  this  document  and  curse  them  by  the 
same. 


INTERDICT.  27 

8.       DECLARATION    OF    1 682    BY    LOUIS    XIV. 

Given  in  Michaud,  Louis  XIV.  et  Innocent  XL,  T.  IV.  p.  68.     French. 

Inasmuch  as  St.  Peter  and  his  successors,  the  vicars  of  Jesus  Christ, 
and  even  the  whole  church,  have  received  power  from  God  only  over 
spiritual  things  which  concern  salvation,  and  not  at  all  over  temporal 
and  civil  affairs,  since  Jesus  Christ  Himself  teaches  that  His  kingdom  is 
not  of  this  world  and  that  we  should  render  unto  Caesar  the  things 
tuhich  are  Caesar's  and  unto  God  the  things  that  are  God's ;  and  since, 
likewise,  this  precept  of  the  apostle  Paul  can  in  no  way  be  altered  or 
called  into  question :  Let  every  soul  be  subject  unto  the  higher  powers. 
For  there  is  no  power  but  of  God:  the  powers  that  be  are  ordained  of 
God.  Whosoever  therefore  resisteth  the  power  resisteth  the  ordinance  of 
God.  Therefore  we  declare  that  princes  and  kings  are  not  subject  by 
God's  command  to  any  ecclesiastical  power  in  temporal  things ;  that 
they  cannot  be  deposed  either  directly  or  indirectly  by  the  authority  of 
the  heads  of  the  church ;  that  their  subjects  cannot  be  granted  dispen- 
sation to  refuse  the  allegiance  and  obedience  which  they  owe,  or 
absolved  from  the  oath  of  fidelity ;  and  that  this  doctrine  indispen- 
sable to  public  peace  and  not  less  advantageous  to  the  church  than  to 
the  state,  must  be  invariably  followed  as  conforming  to  the  Word  of 
God,  to  the  traditions  of  the  holy  Fathers,  and  to  the  example  of  the 
Saints. 

V.     INTERDICT. 

Interdict  is  a  censure  that  deprives  the  faithful  of  the  use  of  most  of  the  sacra- 
ments, of  participation  in  the  celebration  of  the  divine  offices,  and  of  ecclesiastical 
sepulture.  It  is  differentiated  from  excommunication  in  that  it  does  not  entail 
segregation  or  exclusion  from  church  membership,  so  that  those  on  whom  it  is 
laid  are  not  thereby  handed  over  to  Satan.  It  was  employed  especially  to  "coerce 
princes,  as  it  was  the  most  effective  means  of  exciting  public  indignation  and  arous- 
ing a  people  against  its  ruler.  The  interdict  grew  out  of  a  wide  use  of  excommuni- 
cation and  was  first  employed  by  the  clergy  of  northern  France  in  the  turbulent 
period  following  the  extinction  of  the  Carolingian  dynasty.  At  first  it  was  looked 
upon  with  little  favor  by  the  popes,  but  by  the  beginning  of  the  12th  century  they 
had  adopted  it  as  one  of  their  most  effective  instruments  in  dealing  with  the  Euro- 
pean states.  The  wide  range  of  the  papal  activity  tended  to  bring  the  censure 
more  and  more  into  use  as  a  political  weapon,  and  at  length  it  ceased  almost  en- 
tirely to  be  employed  as  a  punishment  for  immorality.  As  the  censure  became 
thus  secularized  its  influence  decreased,  until  finally  the  state,  relying  upon  the 
loyalty  of  its  citizens,  took  advantage  of  their  indifference  to  spiritual  punishments 


28  TKANSLATIONS    x\Nl>   REPRHiTTS. 

and  dared  openly  to  defy  the  papal  commands.  The  last  important  instance  of  its 
use  was  when  the  pope  laid  an  interdict  on  Venice  in  1606.  By  that  date  it  was 
felt  to  be  an  anachronism  ;  it  had  not  been  previously  employed  for  a  long  time, 
and  owing  to  its  complete  failure  in  this  case  it  was  henceforth  little  used.  Since 
then  only  a  few  instances  of  interdict  have  been  known,  occurring  mostly  in  Spain 
and  Spanish  America.^ 

I.    ENACTMENT    OF    THE    COUNCIL    OF    LIMOGES   IN    1031.^ 
Harduin,  Concilia,  VI.,  col.  885,  886.     Latin. 

If  they  do  not  keep  the  peace  lay  the  whole  territory  of  Limoges 
under  a  public  excommunication^ :  to  wit,  in  such  manner  that  no  one 
unless  a  priest  or  a  beggar  or  a  traveler  or  an  infant  of  two  years  or 
less  may  be  buried  in  all  Limoges  or  be  carried  into  another  diocese 
for  burial.  Let  divine  service  be  celebrated  secretly  in  all  the  churches, 
and  let  baptism  be  given  those  that  seek  it.  About  the  third  hour  let 
the  bells  be  sounded  in  all  the  churches  and  let  all,  throwing  them- 
selves prone  on  the  ground,  pour  forth  prayers  for  peace  because  of  their 
tribulation.  Let  confession  and  the  viaticum  be  allowed  in  the  extrem- 
ity of  death.  Let  the  altars  in  all  the  churches  be  stripped,  as  on  Good 
Friday ;  and  let  the  crucifixes  and  ornaments  be  veiled  as  a  sign  of  sor- 
row and  mourning  to  all.  Let  each  priest  celebrate  the  mass  behind 
locked  doors,  and  then  only  may  the  altars  be  decorated,  to  be  stripped 
again  at  the  close  of  the  service.  Let  no  one  marry  him  a  wife  during 
the  continuance  of  this  excommunication.  Let  no  one  give  another  a 
kiss.  Let  no  one  in  all  Limoges,  either  of  the  clergy  or  of  the  laity, 
whether  sojourners  in  the  land  or  travelers,  eat  meat  or  any  other  food 
except  what  is  allowed  in  Lent.  Let  no  one  of  the  clergy  or  of  the 
laity  have  his  hair  cut  or  be  shaved,  until  such  time  as  the  barons, 
the  leaders  of  the  people,  show  obedience  to  the  holy  council  in  all 
things.  And  if  it  shall  be  proved  that  anyone  has  violated  this  law  let 
him  not  be  received  except  after  fitting  penance.  For  the  excommuni- 
cation of  the  bishops  is  to  be  especially  observed  lest  perchance  the 
wrath  of  the  Lord  should  fall  upon  us  and  upon  the  people. 


^  For  a  vivid  description  of  the  workings  of  an  interdict  see  Hurter's  Innocenz 
III.,  I.  p.  348  fif.  This  is  not  an  account  of  a  real  interdict  but  a  mosaic  made  by 
piecing  together  the  provisions  of  many  censures. 

2 This  measure  was  proposed  as  a  punishment  for  any  infractions  of  the  Peace 
of  God  on  the  part  of  the  nobles. 

^  It  will  be  observed  that  the  technical  use  of  the  word  interdict  had  not  yet 
been  adopted. 


INTERDICTS    OF    FRANCE    AND    NORMANDY.  2g 

2.       INTERDICT    LAID    IN    NORMANDY    IN    II 37. 

Ordericus  Vitalis,  Hist.  Eccl.  Lib.  XIII.  c.  28.  Ed  Le  Prevost,  vol.  V,  p.  79.  Latin. 

This  interdict  was  laid  to  "  terrify  and  restrain  the  perverse  and  disorderly  in- 
habitants,"  who  in  the  anarchy  following  the  death  of  Henry  I.  ravaged  and  plun- 
dered each  other's  land  to  an  almost  incredible  extent. 

And  now  a  still  more  serious  misfortune  threatened  Normandy 
with  many  kinds  of  evil.  In  the  bishopric  of  Seez  an  anathema^  was 
laid  on  all  the  lands  of  William  Talvas,  and  there  was  no  longer  heard 
the  sweet  chant  of  divine  service,  a  sound  that  calms  and  gladdens  the 
hearts  of  the  faithful.  The  people  were  forbidden  to  enter  the  churches 
for  the  purpose  of  worshipping  God,  and  the  dooi-s  were  locked.  The 
music  of  the  bells  was  silenced  and  the  bodies  of  the  dead  la}^  unburied 
and  putrifying,  striking  the  beholders  with  fep.r  and  horror.  The 
pleasures  of  marriage  were  denied  to  those  desiring  them  and  the  sol- 
emn joys  of  the  church  services  were  no  longer  known.  In  the  diocese 
of  Evreux  also  a  like  discipline  was  inflicted,  which  hardly  restrained 
by  its  terrors  the  disorders  in  the  territory  of  Roger  de  Toeni. 

3.       INTERDICT    ON    FRANCE    IN    I200. 

Martene,  Thesaurus  Anecdot.,  IV.  p.  147.     Latin. 

In  1 1 93  Philip  Augustus  married  Ingeburg  of  Denmark,  but  divorced  her  on 
the  very  day  following  the  ceremony.  Pope  Innocent  III.  refused  to  sanction  the 
decree  and  when,  three  years  later,  Philip  married  Agnes  of  Meran  he  found  the 
whole  power  of  Rome  directed  against  him.  He  refused  to  yield,  and  finally  in 
1200  the  pope  laid  all  France  under  the  interdict  from  January  to  Sieptember, 
when  the  king  was  forced  to  give  way.  See  Geraud,  "Ingeburge  de  Danemark, " 
in  Biblioth^que  de  I'Ecole  des  Chartes,  T.  I.  2d  series,  pp.  1-27  and  93-118. 

Let  all  the  churches  be  closed ;  let  no  one  be  admitted  to  them  ex- 
cept to  baptize  infants ;  let  them  not  be  otherwise  opened  except  for  the 
purpose  of  lighting  the  lamps,  or  when  the  priest  shall  come  for  the 
Eucharist  and  holy  water  for  the  use  of  the  sick.  We  permit  mass  to 
be  celebrated  once  a  week  on  Friday  early  in  the  morning  to  consecrate 
the  Host  for  the  use  of  the  sick,  but  only  one  clerk  is  to  be  admitted  to 
assist  the  priest.  Let  the  clergy  preach  on  Sunday  in  the  vestibules  of 
the  churches,  and  in  place  of  the  mass  let  them  disseminate  the  word  of 
God.  Let  them  recite  the  canonical  hours  outside  the  churches,  where 
the  people  do  not  hear  them ;  if  they  recite  an  epistle  or  a  gospel  let 


^  In  one  MS.  it  is  spoken  of  as  papal  anathema. 


30  TRANSLATIONS    AN1>    REPRINTS, 

them  beware  lest  the  laity  hear  them ;  and  let  them  not  permit  the  dead 
to  be  interred,  or  their  bodies  to  be  placed  unburied  in  the  cemeteries. 
Let  them,  moreover,  say  to  the  laity  that  they  sin  and  transgress  griev- 
ously by  burying  bodies  in  the  earth,  even  in  unconsecrated  ground,  for 
in  so  doing  they  arrogate  to  themselves  an  office  pertaining  to  others. 
Let  them  forbid  their  parishioners  to  enter  churches  that  may  be  open 
in  the  king's  territory,  and  let  them  not  bless  the  wallets  of  pilgrims 
except  outside  the  churches.  Let  them  not  celebrate  the  offices  in  Passion- 
week,  but  refrain  even  till  Easter  day,  and  then  let  them  celebrate  in 
private,  no  one  being  admitted  except  the  assisting  priest,  as  above  di- 
rected ;  let  no  one  communicate  even  at  Easter,  except  he  be  sick  and 
in  danger  of  death.  During  the  same  week,  or  on  Palm  Sunday,  let 
them  announce  to  their  parishioners  that  they  may  assemble  on  Easter 
morning  before  the  church  and  there  have  permission  to  eat  flesh  and 
consecrated  bread.  Women  are  expressly  forbidden  to  be  admitted  into 
the  churches  for  purification,  but  are  to  be  warned  to  gather  their 
neighbors  together  on  the  day  of  purification  and  pray  outside  the 
church,  nor  may  the  women  who  are  to  be  purified  enter  even  to  raise 
their  children  to  the  sacred  font  for  baptism  until  they  are  admitted  by 
the  priest  after  the  expiration  of  the  interdict.  Let  the  priest  confess 
all  who  desire  it  in  the  portico  of  the  church ;  if  the  church  have  no 
portico  we  direct  that  in  bad  or  rainy  weather,  and  not  otherwise,  the 
nearest  door  of  the  church  may  be  opened  and  confessions  heard  on  its 
threshold  (all  being  excluded  except  the  one  who  is  to  confess)  so  that 
the  priest  and  the  penitent  can  be  heard  by  those  who  are  outside  the 
church.^  If,  however,  the  weather  be  fair,  let  the  confession  be  heard 
in  front  of  the  closed  doors.  Let  no  vessels  of  holy  water  be  placed 
outside  of  the  church,  nor  shall  the  priests  carry  them  anywhere,  for  all 
the  sacraments  of  the  church  beyond  these  two  which  were  reserved^ 
are  absolutely  prohibited.  Extreme  unction,  which  is  a  holy  sacra- 
ment, may  not  be  given. 

4.       INTERDICT    ON    VENICE    IN    I309. 

Baronius'  Annales,  sub  an.  1309,  §  6.     Latin. 

The  Venetians  and  the  church  having  both  laid  claim   to  Ferrara  the  former 
proceeded  to  make  good  their  rights  by  occupying  the  city  with   an   armed  force. 

^  Geraud  remarks  that  this  was  almost  equivalent  to  a  formal  prohibition  of 
confession. 

■■^i.  e.,  infant  baptism  and  the  viaticum. 


INTERDICT    OF    UTRECHT.  3 1 

The  pope  replied  by  laying  an  interdict  on  Venice  and  declaring  all  debts  owing 
her  citizens  to  be  forfeited.  Other  countries  were  invited  to  attack  her  commerce, 
and  Edward  II.  of  England  with  other  rulers  took  occasion  to  repudiate  his  Vene- 
tian debts.  Owing  to  the  attacks  on  her  trade  and  banking  Venice  was  forced  to 
yield  entirely  to  the  pope's  demands. 

And  since  a  just  quarrel  had  arisen  because  of  such  great  sin  on 
the  part  of  the  doge  of  Venice  and  the  Venetian  senate  he  ^  smote  them 
with  the  anathema,  especially  mentioning  by  name  Giovanni  Soranzo 
who  had  wrested  the  domain  of  Ferrara  away  from  the  church,  and 
Vitali  Michieli  who  was  ruling  Ferrara  in  the  name  of  the  republic, 
and  ordered  them  to  restore  the  rule  of  the  Roman  church.  He  de- 
prived all  the  Venetian  territory  of  the  use  of  the  sacraments  and  of  the 
rights  of  trade ;  he  branded  the  magistrates  with  infamy  and  pronounced 
them  deprived  of  the  benefits  and  privileges  of  the  law ;  and  ordered 
^ecclesiastics  to  leave  the  Venetian  domains  except  such  as  were  needed 
to  baptize  infants  and  to  receive  the  confessions  of  the  dying.  Finally, 
if  they  persisted  in  their  present  course  beyond  the  time  fixed  for  sub- 
mission, be  pronounced  the  doge  deprived  of  his  authority  and  all  the 
property  of  the  Venetians  confiscated,  and  declared  that  the  kings  of 
Europe  would  be  summoned  to  direct  their  arms  against  them  until  they 
should  restore  Ferrara  to  the  church. 


5.       INTERDICT   OF   UTRECHT   IN    T 42 6. 

Matthaeus'  edition  of  the  Cronica  de  Trajecto,  2d  ed.,  V.  p.  456.     Latin. 

The  growing  use  of  the  interdict  for  purely  political  purposes  is  here  shown 
and  indicates  the  chief  reason  for  the  declining  force  of  the  censure. 

Now  it  is  remarkable  that  this  decree  should  have  been  passed 
notwithstanding  the  fact  that  the  pope  had  deprived  the  city  of  the 
sacraments  and  pronounced  an  interdict  upon  it  on  account  of  its  having 
received  Rudolph ;  especially  if  you  consider  that  not  only  is  nothing 
severer  than  a  papal  interdict,  but  that  nothing  is  likelier  to  stir  up  the 
common  people  against  their  magistrates  and  superiors.  For  under 
such  circumstances  the  churches  are  closed,  there  are  no  divine  services, 
no  chants  are  heard,  nor  is  there  mass,  nor  do  the  faithful  assemble 
together.  There  are  no  sacraments  there,  or  confession,  no  baptism  of 
any  except  infants.     Even  burial  is  forbidden.     All  become  the  prey 


Tope  Clement  V. 


32  TRANSLATIONS   AND   REPRINTS. 

of  Satan.  The  credulous  people  are  persuaded  that  it  is  in  the  pope's 
power  either  to  raise  them  to  heaven  or  cast  them  down  into  hell.  And 
yet  neither  the  city  nor  the  clergy  paid  any  attention  to  these  things. 
The  pope's  interdict  was  held  in  contempt  and  the  clergy  continued  un- 
hesitatingly to  condact  divine  services,  especially  after  both  the  city 
and  the  nobles  had  promised  to  guard  and  protect  them  against  all, 
even  against  the  pope. 

6.       THE  doge's  reply  TO  THE  INTERDICT  LAID  ON    VENICE    IN    1606. 

English  translation  found  in  Trollope's  "Paul  the  Pope  and  Paul  the  P"riar." 
pp.  381,  382. 

Original  Latin  text  in  Magnum  Bullarium  Romanum,  Tom.  X.  (Ed.  Luxem- 
burgi,  1741)  pp.  177,  178. 

In  his  prolonged  quarrel  with  Venice  pope  Paul  V.  attempted  to  compel  the 
repeal  of  two  obnoxious  laws  by  laying  an  interdict  on  the  city,  but  this  last  serious 
attempt  of  the  papacy  to  enforce  its  decrees  by  a  general  censure  broke  down  before 
the  determined  opposition  of  the  republic. 

Leonardo  Donato,  by  the  Grace  of  God  doge  of  Venice,  etc.,  etc., 
to  the  most  reverend,  the  patriarchs,  archbishops  and  bishops  of  all  our 
Venetian  dominions,  etc.,  etc.,  greeting : 

It  has  come  to  our  knowledge  that  on  the  17th  of  Apiil  last  past, 
by  the  order  of  the  most  holy  father.  Pope  Paul  V.,  there  was  published 
and  posted  up  in  Rome  a  so-called  brief,  which  was  fulminated  against 
us,  our  senate,  and  the  whole  of  our  state  ;  and  that  one  was  addressed 
to  you,  the  tenor  and  contents  whereof  were  similar  to  those  of  the  other. 
We  therefore  find  ourselves  constrained  to  preserve  in  peace  and  tran- 
quility the  state  which  God  has  given  us  to  rule ;  and,  in  order  to  main- 
tain our  authority  as  a  prince,  who  in  temporal  matters  recognizes  no 
superior  saving  the  Divine  Majesty,  we,  by  these  our  public  letters,  do 
protest  before  the  Lord  God  and  the  whole  world  that  we  have  not  failed 
to  use  every  possible  means  to  make  his  Holiness  understand  our  most 
valid  and  irrefragable  case ;  first,  by  means  of  our  ambassador  residing 
at  the  court  of  his  Holiness  ;  then,  by  letters  of  ours  in  answer  to  briefs 
addressed  to  us  by  his  Holiness ;  and,  lastly,  by  a  special  ambassador 
seut  to  him  to  this  effect.  But  having  found  the  ears  of  his  Holiness  closed 
against  us  and  seeing  that  the  brief  aforesaid  is  published  contrary  to  all 
right  reason  and  contrary  to  the  teaching  of  the  divine  Scriptures,  the 
doctrine  of  the  holy  fathers,  and  the  sacred  canons,  to  the  prejudice  of 


doge's  reply  to  interdict.  33 

the  secular  authority  given  us  by  God,  and  of  the  liberty  of  our  state, 
inasmuch  as  it  would  cause  disturbance  in  the  quiet  possession  which,  by 
divine  Grace,  under  our  government  our  faithful  subjects  hold  of  their 
properties,  their  honor  and  their  lives,  and  occasion  a  most  grave  and 
universal  scandal  throughout  the  state  ;  We  do  not  hesitate  to  consider 
the  said  brief  not  only  as  unsuitable  and  unjust,  but  as  null  and  void 
and  of  no  worth  or  value  whatever,  and  being  thus  invalid,  vain,  and 
unlawfully  fulminated,  de  facto  nullo  juris  ordine  servato,  we  have 
thought  fit  to  use  in  resisting  it  the  remedies  adopted  by  our  ancestors 
and  by  other  sovereign  princes  against  such  pontiffs  as,  in  using  the 
power  given  them  by  God  to  the  use  of  edifying,  have  overstepped  their 
due  limits.  ....  And  we  pray  the  Lord  God  to  inspire  him  [the  pope] 
with  a  sense  of  the  invalidity  and  nullity  of  his  brief  and  of  the  other 
acts  committed  against  us,  and  that  He,  knowing  the  justice  of  our  cause, 
may  give  us  strength  to  maintain  our  reverence  for  the  holy  apostolic 
see,  whose  most  devoted  servants  we  and  our  predecessors,  together  with 
this  republic,  have  been  and  ever  shall  be. 


34  TRANSLATIONS    AND   REPRINTS. 

BIBLIOGRAPHICAL  NOTE. 

Lea,  Henry  C. :  Superstition  and  Force  :  Essays  on  the  Wager  of  Law — the 
"Wager  of  Battle — the  Ordeal — Torture.  Philadelphia,  4th  ed.  1892. 
The  best  concise  treatment  in  any  language  of  the  methods  of  mediaeval 
legal  procedure.  The  last  edition  of  this  work  has  been  greatly  enlarged  by 
the  author,  who  has  taken  into  account  the  researches  of  other  modern 
scholars  in  this  field,  correcting  and  supplementing  their  views  from  the 
wealth  of  his  own  learning.  No  student  either  of  mediaeval  life  and  thought 
or  of  legal  history  can  afford  to  be  without  this  book. 

Patetta:  Le  Ordalie,  Torino,  1890. 

This  is  a  full  and  judicious  treatment  of  the  subject  of  the  judgments  of 
God  from  primitive  Aryan  times  down,  with  a  full  citation  of  authorities. 


Neilson:  Trial  by  Combat,  New  York,  1891. 

A  popular  but  accurate  discussion  of  the  judicial  duel  in  England  and 
Scotland.  The  author  has  drawn  his  account  wholly  from  the  original  au- 
thorities and  has  enlivened  the  subject  by  many  picturesque  incidents  from 
trials  and  combats. 


Thayer,  James  Bradley :  A  Preliminary  Treatise  on  Evidence  at  the  Com- 
mon Law,  Part  I.,  Development  of  Trial  by  Jury.     Boston,  1896. 
The  first  chapter  of  this  very  scholarly  work  is  on  Older  Modes  of  Trial, 
and  gives  a  short  but  clear  description  of  early  English  legal  procedure. 

Brunner,  H. :  Deutsche  Rechtsgeschichte.     Leipzig,  1892. 

Two  sections  of  this  work  contain  much  material  relating  to  judgments 
of  God, — ^  23,  Der  Rechtsgang,  and  |  106,  Die  Gottesurteile.  To  the  latter 
section  is  prefixed  a  careful  bibliography  of  works  dealing  with  this  subject. 

Lea,  Henry  C. :  Studies  in  Church  History.     Philadelphia,  1883. 

More  than  half  of  this  book  is  taken  up  by  an  essay  on  excommunica- 
tion, the  most  complete  and  satisfactory  treatment  of  the  subject  that  we 
possess.  In  it  the  rise  and  development  of  the  censure  are  traced,  the  abuses 
that  grew  out  of  it  are  noted,  and  its  gradual  decline  is  explained. 


Translations  and  Reprints 

FROM   THE 

ORIGINAI,  SOURCES  OF  EUROPEAN  HISTORY. 

Vol.  IV.  Typical  Cahiers  of  1789.  No.  5 

TABLE  OF  CONTENTS. 

PAGE 

I.       Cahier  of  Clergy,  Bailliage  of  Blois, 2 

II.        Cahier  of  Nobility,  Bailliage  of  Blois, 8 

III.       Cahier  of  Third  Estate,  Bailliage  of  Versailles,  .   .         24 

INTRODUCTORY  NOTE. 

It  has  been  the  effort  of  the  editor  to  present,  as  nearly  as  possible,  a  complete 
cahier  of  each  of  the  three  orders.  It  is  in  the  study  of  a  single  cahier  that  the 
trend  of  pre-revolutionary  thought  and  aspiration  may  best  be  recognized.  From 
this  as  a  starting-point  the  student  may  proceed  to  acquaint  himself  with  the  varia- 
tions of  criticism  and  suggestion  afforded  by  a  comparison  of  many  cahiers.  Some- 
thing of  this  kind  has  already  been  done  by  Mr.  E.  J.  Lowell,  in  his  Eve  of  the 
French  R  evolution,  chapters  XXI  and  XXII. 

In  selecting  typical  cahiers  for  presentation,  an  effort  has  been  made  to  avoid 
the  cahiers  of  localities  whose  conditions  were  exceptional.  Such  cahiers  are  for 
the  most  part  filled  with  grievances  and  demands  of  a  purely  local  nature.  For 
this  and  other  reasons  two  cahiers  of  Blois  have  been  selected.  The  cahier  of  the 
Third  Estate  of  Blois,  however,  was  rejected.  This  document  has  shared  a  fate 
common  to  many  of  the  cahiers  of  the  Third  Estate.  The  local  cahiers  of  the 
smaller  political  divisions  of  the  bailliage  of  Blois  have  fallen  into  the  hands  of  law- 
yers, who  have  assembled  and  combined  them  with  an  eye  single  to  their  own  de- 
sires and  interests,  reducing  all  other  considerations  to  the  simplest  terms.  The 
cahier  of  Versailles  seems  to  have  been  somewhat  more  fortunate. 

The  cahiers  of  the  Nobility  are  the  most  interesting.  They  are  original  com- 
positions, drawn  up  by  men  of  the  highest  intelligence  and  patriotism,  men  not  de- 
void of  sympathy  with  the  intellectual  movements  of  their  time,  and  thoroughly 
alive  to  the  necessity  of  reorganization.  The  clergy  were  less  susceptible  to  the  in- 
fluences of  the  time,  and  their  cahiers  are  more  self-conscious.  The  method  of  as- 
sembling the  local  cahiers  of  the  Third  Estate  resulted  in  a  loss  of  vigor  and  per- 
sonality. The  ingenuousness  and  local  coloring,  which  give  the  original  cahiers  an 
exceptional  interest,  are  lost  in  the  necessary  process  of  condensation. 

In  the  following  text  a  French  word  here  and  there  has  been  retained,  mainly 
for  the  reason  that  no  brief  English  equivalent  has  suggested  itself.  These  terms 
may  be  found  explained  for  the  most  part  in  Mr.  Lowell's  book,  cited  above  ;  and 
for  a  wider  discussion  the  student  may  consult  Cheruel :  Dictionnaire  historiqu^ 
des  institutions,  ntoeurs  et  coutumes  de  la  France.,  or  to  better  purpose,  La 
Grande  Encyclopedic, 


TRANSLATIONS    AND    REPRINTS. 


I.     CAHIER, 


Containing  the  grievances  of  the  order  of  the  clergy  of  the  hailliage  of 
Blois  and  of  the  secondary  hailliage  of  Romorantin. 
Archives  Parlementaires,  Vol.  II,  pp.  373-378. 

FIRST   DIVISION. 

Religion. 

[This  division,  which  relates  almost  exclusively  to  the  affairs  of  the  iFrench 
church,  has  been  omitted  as  being  of  relatively  small  importance  to  the  general 
student.  It  is  worthy  of  note,  however,  that  Art.  1-3  deplore  the  extension  of  re- 
ligious liberty  to  non-catholics  and  the  growing  freedom  of  the  press.] 

SECOND    DIVISION. 

Constitution. 

The  clerg}''  of  the  hailliage  of  Blois  have  never  believed  that  the 
constitution  needed  reform.  Nothing  is  wanting  to  assure  the  welfare 
of  king  and  people  except  that  the  present  constitution  should  be  relig- 
iously and  inviolably  observed. 

The  constitutional  principles  concerning  which  no  doubt  can  be  en- 
tertained are: 

1.  That  France  is  a  true  monarchy,  where  a  single  man  rules  and 
is  ruled  by  law  alone. 

2.  That  the  general  laws  of  the  kingdom  may  be  enacted  only 
with  the  consent  of  the  king  and  the  nation.  If  the  king  proposes  a 
law,  the  nation  accepts  or  rejects  it ;  if  the  nation  demands  a  law,  it  is 
for  the  king  to  consent  or  to  reject  it ;  but  in  either  case  it  is  the  king 
alone  who  upholds  the  law  in  his  name  and  attends  to  its  execution. 

3.  That  in  France  we  recognize  as  king  him  to  whom  the  crown 
belongs  by  hereditary  right  according  to  the  Salic  law. 

4.  That  we  recognize  the  nation  in  the  States  General,  composed  of 
the  three  orders  of  the  kingdom,  which  are  the  clergy,  the  nobility  and 
the  third  estate* 

5.  That  to  the  king  belongs  the  right  of  assembling  the  States 
General,  whenever  he  considers  it  necessary. 

For  the  welfare  of  the  kingdom  we  ask,  in  common  with  the  whole 
nation,  that  this  convocation  be  periodical  and  fixed,  as  we  particularly 


CAHIER   OF   CLERGY,    BAILLIAGE   OF   BLOIS,  3 

desire,  at  every  five  years,  except  in  the  case  of  the  next  meeting,  when 
the  great  number  of  matters  to  be  dealt  with  makes  a  less  remote  period 
desirable. 

6.  That  the  States  General  should  not  vote  otherwise  than  by 
order. 

7.  That  the  three  orders  are  equal  in  power  and  independent  of 
each  other,  in  such  a  manner  that  their  unanimous  consent  is  necessary 
to  the  expression  of  the  nation's  will. 

8.  That  no  tax  may  be  laid  without  the  consent  of  the  nation. 

9.  That  every  citizen  has,  under  the  law,  a  sacred  and  inviolable 
right  to  personal  liberty  and  the  possession  of  his  goods. 

We  regard  lettres  de  cachet  as  an  abuse,  contrary  to  the  constitu- 
tion. Each  citizen  without  distinction  ought  to  be  subject  to  the  laws 
and  other  rules  of  justice,  and  his  trial  by  any  special  commission  what- 
soever not  permitted. 

The  expense  which  the  convocation  of  the  States  General  will  en- 
tail, through  the  necessary  disturbance  of  citizens  in  their  residence  and 
vocations,  ought  to  be  diminished  by  a  simplification  of  the  forms  of 
procedure. 

A  consideration  of  the  proportion  which  ought  to  be  established  be- 
tween the  representatives  of  the  higher  and  the  lower  clergy  moves  us 
to  ask  of  the  King  that  for  the  future  the  two  divisions  of  the  order 
shall  hold  their  elections  separately,  and  that  in  the  lower  division  of 
the  clerical  order  the  forms  of  election  shall  be  such  that  no  member  of 
the  bodies  which  compose  the  order  may  be  deprived  of  the  representa- 
tion which  is  his  due. 

The  provincial  estates  or  assemblies  seem  to  us  to  constitute  the 
regime  likely  to  produce  the  best  results  in  all  branches  of  administra- 
tion. We  beseech  the  King  to  give  them  a  legal  existence  and  to  or- 
ganize them  with  a  view  to  preserving  the  requisite  balance  between  the 
interests  involved,  according  to  the  clergy  a  number  of  representatives 
equal  to  that  of  the  nobility. 

THIRD   DIVISION. 

Taxes. 

After  having  observed  that  the  clergy  have  never  enjoyed  other 
privileges  in  the  imposition  of  taxes  than  those  which  were  anciently 
common  to  all  orders  of  the  state,  the  clergy  of  the  bailliage  of  Blois 


4  TRANSLATIONS   AND    REPRINTS. 

declare  that  for  the  future  they  desire  to  sustain  the  burden  of  taxation 
in  common  with  other  subjects  of  the  king.  They  believe  that  it  will 
be  necessary  for  the  States  General,  in  order  to  bring  within  reasonable 
limits  the  burden  of  taxation,  which  has  become  excessive,  to  ascertain 
accurately  the  state  of  finances,  together  with  the  amounts  of  income  and 
expenditure,  and  that  an  effort  should  be  made  to  restrict  the  expenses 
of  the  court  and  of  all  departments,  in  so  far  as  the  needs  of  the  state 
and  the  splendor  of  the  nation  will  permit,  and  to  fix  the  interest  upon 
the  state  debt  at  a  moderate  rate,  which  is  just,  since  the  nation  itself 
guarantees  the  payment. 

To  render  all  ministers  and  other  persons  charged  with  the  man- 
agement of  finances  responsible  with  their  persons  and  property  for  their 
administration ;  to  confide  this  administration,  in  so  far  as  possible,  to 
councils,  bureaux  and  associations,  rather  than  to  private  individuals 
who  are  more  easily  deceived  and  seduced ;  to  fix  the  bases  for  general 
and  special  assessment ;  to  simplify  the  collection  of  taxes,  and  to  fix 
upon  wise  and  patriotic  means,  which,  while  assuring  the  payment  into 
the  royal  treasury  of  the  last  penny  due,  shall  insure  protection  for  the 
people  against  those  persecutions  which  are  ruinous  to  the  public  welfare. 

The  reforms  which  we  judge  most  necessary  in  the  matter  of  taxes, 
and  which  we  particularly  recommend  to  His  Majesty's  attention  are 
the  following : 

1.  In  the  gabelles  and  aides,  which  ought  to  be  suppressed,  or  re- 
placed, if  need  be,  with  a  tax  less  burdensome ; 

2.  In  export  duties,  which  we  desire  to  see  restricted  to  the 
frontier ; 

3.  In  registry  fees,  which  have  grown  to  an  exorbitant  figure. 
The  irregularity  of  these  charges  subjects  citizens  to  frequent  contentions; 

4.  It  is  desirable  to  lessen  the  disadvantage  under  which  poor 
country  people  labor  in  securing  justice  in  the  matter  of  over-taxation 
and  malversations,  on  account  of  the  considerable  advances  which  they 
have  to  make  in  order  to  bring  the  matter  to  an  issue ; 

5.  The  shifting  of  certain  taxes  might  bring  them  to  bear  upon 
various  articles  of  luxury  and  especially  upon  unnecessary  articles  of 
domestic  use. 

The  best  interests  of  the  kingdom,  which  His  Majesty  will  never 
cease  to  regard,  seem  to  us  to  demand  the  following : 

1.     That  no  tax  shall  be  laid  without  the  consent  of  the  nation ; 
2     That  the  King  shall  resume  possession  of  all  portions  of  the  do- 


CAHIER   OF   CLERGY,    BAILLIAGE   OF   BLOIS.  5 

main  which  have  been  illegally  alienated,  and  even  of  those  portions 
whose  alienation,  although  accompanied  with  the  forms  of  law,  has 
nevertheless  worked  a  manifest  injury  to  the  royal  interests; 

3.  That  the  domain  shall  be  declared  inalienable  for  the  future ; 

4.  That  the  collectors  of  the  centieme  dernier,  due  upon  collateral 
successions,  donations,  etc.,  shall  be  obliged  to  give  notice  gratis  for  at 
least  a  month  before  the  expiration  of  the  term  of  payment ; 

5.  That  franc-fiefs  shall  be  suppressed  as  useless  and  burdensome ; 

6.  That  the  taxes  approved  by  the  States  General  shall  be  laid 
for  a  limited  time  only,  subject  to  whatever  arrangement  may  be  made 
for  the  convocation  of  future  States  General. 

FOURTH   DIVISION. 

Justice. 

For  the  purpose  of  securing  a  reform  of  the  principal  abuses  in  the 
administration  of  justice  we  very  humbly  present  to  His  Majesty  what 
appears  to  us  of  first  importance ; 

1.  To  divide  the  too  extensive  jurisdiction  of  the  sovereign  courts ; 

2.  To  complete  the  number  of  judges  in  each  bailliage,  in  order 
that  sessions  may  be  held  with  greater  regularity ; 

3.  To  suppress  all  judges  of  exceptional  courts ; 

4.  To  suppress  all  seignorial  courts  in  cases  where  a  justice  and 
necessary  officials  have  not  been  retained  and  salaried  by  the  seigneurs ; 

5.  To  authorize  vassals  to  refuse  the  jurisdiction  of  their  seig- 
neurs in  suits  against  the  said  seigneurs ; 

6.  To  establish  in  the  principal  rural  places  justices  of  the  peace 
for  the  trial  of  minor  cases ; 

7.  To  prevent  excessive  and  illegal  charges  before  judges  and 
magistrates ; 

8.  To  ordain  that  these  charges  shall  not  be  imposed  except  with 
the  consent  of  that  portion  of  the  nation  over  which  these  judges  and 
magistrates  are  to  be  placed ; 

9.  To  simplify  the  forms  of  justice  by  reducing  costs,  by  acceler- 
ating procedure  and  by  suppressing  judges'  fees; 

10.  To  reform  the  civil  and  criminal  codes  and  to  diminish  the 
number  of  customary  codes  which  prevail  in  various  parts  of  the  king- 
dom, in  order  to  hasten  the  day,  if  possible,  when  there  shall  be  but  one 
national  code; 


6  TRANSLATIONS   AND   REPRINTS. 

To  ordain  that  authorization  shall  not  be  given  by  the  bureau  of 
mortgages  until  two  months  after  the  notice  of  foreclosure,  which  notice 
shall  be  given  at  the  close  of  the  parish  mass,  as  well  at  the  place  where 
the  property  is  situated,  as  at  the  residence  of  the  vendor,  and  that  the 
bailiff  be  compelled  to  obtain  the  signatures  of  two  residents  of  each 
parish  upon  his  proof  of  service ; 

11.  To  abolish  the  offices  of  appraiser,  vendor  of  chattels,  re- 
ceivers of  consignment  etc.,  as  involving  useless  costs. 

FIFTH    DIVISION. 

Nobility,  the  chase,  etc. 

The  nobility  ought  to  be  assured  of  their  prerogatives  and  dis- 
tinctions in  the  state,  and  we  very  humbly  beseech  His  Majesty  to  grant 
these  only  as  a  reward  for  services  rendered  to  our  native  land. 

The  King  is  moreover  entreated  to  take  into  consideration : 

1.  The  great  number  of  serious  abuses  which  the  right  of  the 
chase  entails  upon  agriculturists,  and  the  annoyances  caused  them  by 
game-keepers ; 

2.  The  evils  which  result  from  the  right  of  open  warren ; 

3.  The  importance  of  the  regulations  concerning  pigeon-houses, 
which  have  almost  ceased  to  be  observed ; 

4.  The  injustice  of  depriving  the  inhabitants  of  lands  adjacent  to 
forests,  as  has  been  done  in  many  localities,  of  the  right  of  pasture,  and 
other  rights,  which  have  been  accorded  them  on  various  accounts. 

SIXTH    DIVISION. 

Commerce. 

We  beseech  His  Majesty: 

1 .  To  take  the  most  effectual  means  of  preventing  bankruptcies ; 

2.  To  fix  a  term,  after  which  prisoners  for  debt  may  recover  their 
liberty ; 

3.  To  interest  himself  in  ameliorating  the  condition  of  negroes  in 
the  colonies. 

Impressed  as  we  are  with  the  great  influence  of  public  education 
upon  the  religion,  morals  and  prosperity  of  the  state,  we  beseech  His 
Majesty  to  favor  it  with  all  his  power.     We  desire: 

1.  That  public  instruction  shall  be  absolutely  gratuitous,  as 
well  in  the  universities  as  in  the  provincial  schools ; 


CAHIER   OF   CLERGY,    BAILLIAGE   OF   BLOIS.  7 

2.  That  the  provincial  colleges  shall  be  entrusted  by  preference  to 
the  corporations  of  the  regular  clergy ; 

3.  That  many  corporations  of  the  regular  clergy,  which  at  pres- 
ent are  not  occupied  with  the  instruction  of  youth,  shall  apply  them- 
selves to  this  work,  and  thereby  render  themselves  more  useful  to  the 
state; 

4.  That  in  towns  too  small  to  support  a  college  there  shall  be  at 
least  one  or  more  masters,  according  to  the  importance  of  the  place,  who 
shall  be  able  to  teach  the  princij)les  of  Latinity  or  the  humanities,  and 
that  their  salaries  shall  be  sufficient  to  allow  of  absolutely  gratuitous 
instruction ; 

5.  That  this  instruction  shall  be  under  the  supervision  of  the  par- 
ish priests  and  municipal  officers; 

6.  That  each  candidate  seeking  permission  to  teach  shall  be 
obliged  to  produce  proofs  of  correct  life  and  habits,  and  give  evidence 
of  his  capacity  in  an  examination  before  the  principal  and  professors  of 
the  nearest  college. 

7.  That  masters  of  schools  shall  not  employ  as  assistants  persons 
from  other  localities,  unless  such  persons  shall  have  pursued  the  same 
vocation  for  at  least  two  years  in  the  place  where  they  have  studied, 
and  shall  be  furnished  with  references  and  recognized  as  competent  by 
means  of  an  examination,  as  above  indicated ; 

That,  for  the  purpose  of  facilitating  the  education  of  girls,  com- 
munities of  religious  women,  whatever  may  be  their  institution,  shall  be 
obliged  to  open  free  public  schools  for  girls  under  the  supervision  of 
the  parish  priests. 

We  beseech  His  Majesty  that  after  the  examination,  which  shall 
be  made  in  the  States  General  of  the  cahiers  of  the  various  bailliages  of 
the  kingdom,  this  work  shall  be  made  public  by  means  of  the  press,  both 
for  the  satisfaction  of  constituents  and  for  the  honor  of  the  deputies. 

(This  document,  recorded  in  the  clerk^s  office  of  the  hailliage  of  Blois 
is  signed:  Abbe  Pontheves,  President  Then  follow  the  signatures  of 
53  parish  priests,  IJf.  priors,  8  canons,  8  priests,  3  deans,  3  abbots,  3  cur- 
ates, one  chaplain,  one  friar,  one  deacon  and  27  persons  unclassified.) 


8  TRANSLATIONS   AND    REPRINTS. 

11.     INSTRUCTIONS, 

Given  by  the  nobility  of  the  bailliage  of  Blois  to  the  viseoimt  of 

Beauharnois  and  the  cavalier  de  Phelines,  deputies  of  the  order  to  the 

States  General,  and  to  M.  Lavoisier,  supplementary  deputy,  March  28, 

1789. 

Archives  Parlementaires,  Vol.  II,  pp.  378-385. 

The  object  of  every  social  iDstitution  is  to  confer  the  greatest  pos- 
sible happiness  upon  those  who  live  under  its  laws. 

Happiness  ought  not  to  be  confined  to  a  small  number  of  men ;  it 
belongs  to  all.  It  is  not  an  exclusive  privilige  to  be  contested  for;  it  is 
a  common  right  which  must  be  preserved,  which  must  be  shared,  and 
the  public  happiness  is  a  source  from  which  each  has  a  right  to  draw 
his  supply. 

Such  are  the  sentiments  which  animate  the  nobility  of  the  bailliage  of 
Blois,  at  a  moment  when  we  are  called  upon  by  the  sovereign  to  give 
our  representatives  to  the  nation.  These  principles  have  occupied  all 
our  thoughts  during  the  preparation  of  this  cahier :  May  they  animate 
all  citizens  of  this  great  state !  May  they  evoke  that  spirit  of  union,  that 
unanimity  of  desires  which  shall  erect  upon  an  indestructible  founda- 
tion of  power  the  prosperity  of  the  nation,  the  welfare  of  the  monarch 
and  his  subjects ! 

Deep  and  established  ills  cannot  be  cured  with  a  single  effort :  the 
destruction  of  abuses  is  not  the  work  of  a  day.  Alas !  of  what  avail  to 
reform  them  if  their  causes  be  not  removed?  The  misfortune  of  France 
arises  from  the  fact  that  it  has  never  had  a  fixed  constitution.  A  vir- 
tuous and  sympathetic  king  seeks  the  counsels  and  cooperation  of  the 
nation  to  establish  one :  let  us  hasten  to  accomplish  his  desires ;  let  us 
hasten  to  restore  to  his  soul  that  peace  which  his  virtues  merit.  The 
principles  of  this  constitution  should  be  simple ;  they  may  be  reduced  to 
two :  Security  for  person,  security  for  property;  because,  in  fact,  it  is  from 
these  two  fertile  principles  that  all  organization  of  the  body  politic 
takes  its  rise. 

PERSONAL   LIBERTY. 

Art.  1.  In  order  to  assure  the  exercise  of  this  first  and  most  sa- 
cred of  the  rights  of  man,  we  ask  that  no  citizen  may  be  exiled,  arrested 
or  held  prisoner  except  in  cases  contemplated  by  the  law  and  in  accord- 
ance with  a  decree  originating  in  the  regular  courts  of  justice. 


CAHIEE    OF   NOBILITY,    BAILLIAGE   OF    BLOIS.  9 

That  in  case  the  States  General  determine  that  provisional  deten- 
tion may  be  necessary  at  times,  it  ought  to  be  ordained  that  every  per- 
son so  arrested  shall  be  delivered,  within  twenty-four  hours,  into  the 
hands  of  appropriate  judges,  to  be  judged  with  the  least  possible  delay, 
in  conformity  with  the  laws  of  the  kingdom ;  that  evocations  be  abol- 
ished, and  that  no  extraordinary  commission  be  established  in  any 
instance ;  finally  that  no  person  be  deprived  of  his  position,  civil  or  mil- 
itary, without  judgment  in  due  form. 

Since  individual  liberty  is  a  right  equally  sacred  for  citizens  of  all 
ranks  and  classes,  without  distinction  or  precedence,  the  States  Gen- 
eral are  invited  to  interest  themselves  in  the  suppression  of  all  forced 
service  in  the  militia  and  of  acts  of  authority  which  involve  the  violation 
of  personal  rights,  and  which  are  the  more  intolerable  in  a  century  of 
intelligence,  when  it  is  possible  to  accomplish  the  same  end  with  less  op- 
pressive means.  The  application  of  these  principles  ought  to  suffer  ex- 
ception only  in  the  case  of  an  urgent  necessity,  when  the  safety  of  the 
country  is  at  stake,  in  which  case  the  extent  of  the  executive  power 
should  be  enlarged. 

From  the  right  of  personal  liberty  arises  the  right  to  write,  to 
think,  to  print  and  to  publish,  with  the  names  of  authors  and  publishers, 
all  kinds  of  complaints  and  reflections  upon  public  and  private  affairs, 
limited  by  the  right  of  every  citizen  to  seek  in  the  established  courts 
legal  redress  against  author  or  publisher,  in  case  of  defamation  or  in- 
jury; limited  also  by  all  restrictions  which  the  States  General  may  see 
fit  to  impose  in  that  which  concerns  morals  and  religion. 

The  violation  of  the  secrecy  of  letters  is  still  an  infringement  upon 
the  liberty  of  citizens ;  and  since  the  sovereign  has  assumed  the  exclu- 
sive right  of  transporting  letters  throughout  the  kingdom,  and  this  has 
become  a  source  of  public  revenue,  such  carriage  ought  to  be  made  un- 
der the  seal  of  confidence. 

We  indicate  further  a  number  of  instances  in  which  natural  liberty 
is  abridged : 

1.  The  abuse  of  police  regulations,  which  every  year,  in  an  arbi- 
trary manner  and  without  regular  process,  thrusts  a  number  of  artisans 
and  useful  citizens  into  prisons,  work-houses  and  places  of  detention, 
often  for  trivial  faults  and  even  upon  simple  suspicion ; 

2.  The  abuse  of  exclusive  privileges  which  fetter  industry ; 

3.  The  gilds  and  corporations  which  deprive  citizens  of  the  right 
of  using  their  faculties ; 


lO  TRANSLATIONS   AND   REPRINTS. 

4.  The  regulations  governing  manufactures,  the  rights  of  inspec- 
tion and  marque,  which  impose  restrictions  that  have  lost  their  useful- 
ness, and  which  burden  industry  with  a  tax  that  yields  no  profit  to  the 
public  treasury. 

TAXES. 

Art.  2.     A  tax  is  a  partition  of  property. 

This  partition  ought  not  to  be  otherwise  than  voluntary;  in  any 
other  case  the  rights  of  property  are  violated :  Hence  it  is  the  indefeas- 
able  and  inalienable  right  of  the  nation  to  consent  to  its  taxes. 

According  to  this  principle,  which  has  been  solemnly  recognized 
by  the  king,  no  tax,  real  or  personal,  direct  or  indirect,  nor  any  contri. 
bution  whatsoever,  under  whatsoever  name  or  form,  may  be  established 
except  with  the  consent  and  free  and  voluntary  approval  of  the  nation. 
Nor  may  said  power  of  consenting  to  a  tax  be  transferred  or  delegated 
by  the  nation  to  any  magistracy  or  other  body,  or  exercised  by  the 
provincial  estates  nor  by  the  provincial,  city  or  communal  assemblies : 
superior  and  inferior  courts  shall  be  especially  charged  to  attend  to  the 
execution  of  this  article,  and  to  prosecute  as  exactors  those  who  may 
undertake  to  levy  a  tax  which  has  not  received  the  proper  sanction. 

All  public  loans  are,  properly  speaking,  taxes  in  disguise,  since 
the  property  of  the  kingdom  is  affected  and  hypothecated  for  the  pay- 
ment of  capital  and  interest.  Therefore  no  loan,  under  whatsoever  form 
or  denomination,  may  be  effected  without  the  consent  and  will  of  the 
nation  assembled. 

Since  the  greater  number  of  the  taxes  and  imposts  established  up 
to  this  time  have  not  received  the  sanction  of  the  nation,  the  first  busi- 
ness of  the  assembled  estates  will  be  to  abolish  all  without  exception ; 
at.  the  same  time,  in  order  to  avoid  the  inconvenience  resulting  from  an 
interruption  in  the  payment  of  interest  on  the  public  debt  and  the  ex- 
penses of  government,  the  nation  assembled,  by  virtue  of  the  same  au- 
thority, shall  re-establish  them,  collecting  them  under  the  title  of  a  free 
gift  during  the  session  of  the  States  General  and  up  to  the  time  when 
they  shall  have  established  such  other  taxes  as  nmy  seem  to  them 
desirable. 

A  tax  is  no  other  thing  than  a  voluntary  sacrifice  which  each  per- 
son makes  of  his  particular  property  in  favor  of  the  public  power 
which  protects  and  guarantees  all.     It  is  therefore  evident  that  the  tax 


CAIIIER   OF   NOBILITY,    BAILLIAGE   OF   BLOIS.  II 

ought  to  be  proportioned  to  the  interest  which  each  has  in  preserving 
his  property,  and  consequently  to  the  value  of  this  property.  In  ac- 
cordance with  this  principle  the  nobility  of  the  hailliage  of  Blois  believes 
itself  in  duty  bound  to  lay  at  the  feet  of  the  nation  all  the  pecuniary 
exemptions  which  it  has  enjoyed  or  might  have  enjoyed  up  to  this  time, 
and  it  offers  to  contribute  to  the  public  needs  in  proportion  with  other 
citizens,  upon  condition  that  the  names  of  taille  and  corvee  be  suppressed 
and  all  direct  taxes  be  comprised  in  a  single  land  tax  in  money. 

The  nobility  of  the  hailliage  of  Blois,  in  making  this  surrender  of 
its  ancient  privileges,  has  been  unable  to  suppress  a  sentiment  of  interest 
in  favor  of  that  portion  of  the  nobility  which  a  modest  fortune  confines 
to  the  rural  districts.  It  believes  that  a  proprietor,  who  fulfils  the  ob- 
ligation of  his  heritage,  spreads  about  him  prosperity  and  happiness ; 
that  the  efforts  he  makes  to  increase  his  revenues  increase  at  the  same 
time  the  mass  of  the  agricultural  products  of  the  realm;  that  the 
country  districts  are  covered  with  chateaux  and  manors,  formerly  in- 
habited by  the  French  nobility,  but  to-day  abandoned ;  that  a  great 
public  interest  would  be  subserved  by  inducing  proprietors  to  seek 
again,  so  far  as  possible,  their  interests  in  the  country. 

Animated  by  these  motives  we  believe  that  it  is  our  duty  to  solicit 
the  especial  protection  of  the  States  General  in  favor  of  that  respectable 
portion  of  the  nation,  which  divides  its  time  between  the  culture  of  the 
fields  and  the  defence  of  the  state;  and  we  hope  that  means  will  be 
found  to  reconcile  that  which  is  due  to  their  interests  and  needs  with  the 
absolute  renunciation  which  is  about  to  be  made  of  the  pecuniary  ex- 
emptions of  nobility. 

If,  as  has  been  said,  a  tax  is  the  price  paid  for  the  protection  which 
government  accords  to  property,  it  follows  that  all  property  which  the 
government  protects  ought  to  be  subject  to  the  tax ;  that  the  tax,  as  a 
necessary  consequence,  ought  to  affect  incomes  from  bonds  and  interest 
upon  the  royal  funds  in  the  same  proportion  as  land. 

It  is  useless  to  urge  that  such  an  extension  of  the  tax  would  be  a 
violation  of  the  public  faith :  property  in  bonds  is  no  more  sacred  than 
property  in  land:  and  if  the  nation  can  consent  to  a  tax  upon  one  it  can 
also  tax  the  other.  The  same  contribution  should  be  exacted  from  the 
emoluments  derived  from  all  financial  positions  and  from  all  lucrative 
employments. 

The  order  of  nobility  has  no  doubt  that  the  national  assembly  will 
concern  itself  with  the  examination  and  reformation  of  that  mass  of 


12  TRANSLATIONS   AND   REPRINTS. 

taxes,  the  collection  of  which,  thanks  to  the  financial  spirit  which  neces 
sity  has  imparted  to  the  administration,  has  been  rendered  intolerable 
to  the  people ;  such  as  the  gabelle,  the  aides  and  others. 

While  awaiting  the  suppression  of  these  taxes,  their  simplification, 
condensation,  conversion  or  assessment  by  provinces,  we  ask  that  at 
least  their  collection  be  made  less  burdensome ;  that  lists  be  drawn  up 
and  given  to  the  public,  in  order  that  each  may  know  the  amount  of 
his  obligation ;  that  over- assessments  be  avoided  and  abuses  reformed. 

Of  these  taxes  certain  ones  have  drawn  our  especial  attention,  as 
producing  a  very  moderate  contribution  to  the  public  treasury,  while 
the  inconvenience,  the  outlay,  the  expense  of  collection  which  they  en- 
tail are  out  of  proportion  to  the  pecuniary  advantages  derived  from  them. 

Of  such  a  nature  is  the  tax  upon  leather,  a  substance  susceptible 
of  contraction  and  expansion,  which  has  given  rise  to  frequent  conten- 
tions, to  accusations  of  false  marks  and  to  criminal  procesess. 

The  provincial  assembly  of  Orleans  has  already  declared  against 
the  collection  of  this  tax,  and  has  established  the  possibility  of  its  conver- 
sion. This  body  has  shown  that  the  tax  involves  the  ruin  of  the  leather 
trade  in  France,  and  that  we  shall  not  be  able,  if  the  tax  be  con- 
tinued, to  compete  with  English  leathers,  either  in  price  or  quality. 

Of  such  a  character  also  is  the  tax  of  franc-fief,  which  is  a  burden 
to  the  third  estate,  which  pays  it ;  to  the  nobility,  whose  estates  and  rent- 
als it  diminishes  in  value,  and  to  the  King  himself,  who  would  be  more 
than  indemnified,  in  case  the  tax  were  abolished,  by  the  increase  in  the 
value  of  all  landed  estates  that  hold  from  him. 

So  also  with  the  capitation,  a  vexatious  and  arbitrary  tax,  which 
we  hope  to  see  abolished. 

So  also  vrith  the  fees  accorded  to  commissioners  of  appraisement, 
who  conduct  public  sales  in  the  villages.  This  tax  bears  heavily  upon 
inheritances,  and  it  often  happens  that  the  proceeds  from  the  sale  of 
the  effects  of  the  unhappy  country  people  are  not  sufficient  to  discharge 
the  costs  of  the  sale. 

So  with  stamp  duties,  registry  fees  and  the  centieme  denier.  The  le- 
gal status  of  these  taxes  is  so  generally  unknown,  and  so  far  beyond  the 
comprehension  of  those  who  have  not  made  a  special  study  of  the  mat- 
ter, that  the  contributor  is  necessarily  at  the  mercy  of  the  collector, 
without  it  being  possible  for  him  to  contest  the  case  or  defend  himself. 

It  is  no  doubt  useful  that  there  should  be  legal  forms,  which  fix 
the  date  of  documents  ;  registers,  where  they  are  transcribed  and  rend- 


CAHIER   OF    NOBILITY,    BAILLIAGE   OF    BLOIS.  1 3 

ered  public ;  but  the  aggregate  of  these  registry  and  transcription  fees 
should  not  exceed  the  amounts  required  for  the  maintenance  of  offi- 
cials :  these  dues  should  be  fixed  according  to  a  simpler  and  more 
definite  scale,  available  to  everybody ;  and  it  is  difficult  to  see  why  a 
matter  of  police  and  public  security  should  be  treated  as  a  source  of 
revenue  for  the  state. 

In  connection  with  the  greater  part  of  the  domanial  taxes  it  is  a  re- 
markable fact  that  the  intendant  is  the  only  judge  having  jurisdiction 
over  contests  arising  in  their  collection,  except  by  appeal  to  the  coun- 
cil ;  the  result  is  that  the  commissioner  of  the  king  alone  may  preside 
as  judge  in  cases  of  original  jurisdiction,  and  these  are  determined  upon 
appeal  by  the  king's  council. 

Of  this  character  also  is  the  tax  which  results  from  the  exclusive 
privilege  of  the  stage  routes,  a  privilege  enjoyed  by  the  king  and  farmed 
out  by  provinces.  At  a  time  when  the  necessity  is  keenly  felt  of  en- 
couraging commerce  and  communication  a  tax  upon  travellers  is  impol- 
itic, and  this  fact  alone  should  suffice  to  ensure  its  suppression.  A  person 
travelling  on  business  pays  sufficient  taxes  upon  the  food  he  consumes 
along  the  route,  he  contributes  adequately  to  the  public  expenses  in  the 
taxes  imposed  upon  the  articles  of  commerce  in  which  he  deals,  without 
the  annoyance  of  an  indirect  tax,  which  restricts  his  liberty  and  at  the 
same  time  yields  almost  nothing  to  the  public  treasury. 

But  in  addition  to  the  inconvenience  which  the  farming  of  stage- 
routes  involves,  when  regarded  as  a  tax,  as  an  exclusive  privilege  it 
presents  the  greatest  objections :  it  places  the  traveller  at  the  mercy  of 
a  contractor,  who  is  frequently  unable  to  perform  his  obligation,  and 
who  nevertheless  assumes  a  right  over  those  who  are  willing  to  perform 
it  in  his  stead :  it  delays  the  traveller  and  hampers  the  ease  and  facility 
of  his  communications. 

The  free  and  voluntary  renunciation  which  the  order  of  nobility  is 
about  to  make  of  its  pecuniary  privileges  gives  it  the  right  to  demand 
that  no  exemption  whatsoever  shall  be  retained  in  favor  of  any  class  of 
citizens.  We  have  no  doubt  that  the  clergy  will  voluntarily  consent  to 
bear  all  taxes  in  common  with  citizens  of  other  orders,  in  proportion  to 
their  possessions ;  and  we  demand  that  the  privileges  of  free  cities,  of 
stage  masters,  of  sealers  of  weights  and  measures  and  of  all  other  per- 
sons be  abolished ;  in  order  that  the  tax  shall  affect  all  persons  and 
places  in  proportion  to  the  net  product  of  their  incomes. 


14  TRANSLATIONS   AND   REPRINTS. 


THE   ADMINISTRATION   OF   JUSTICE. 


Art.  3.  The  order  of  the  nobility  of  the  hailliage  of  Blois  will  re- 
view this  subject  briefly.  We  shall  limit  ourselves  to  observing  that  the 
administration  of  justice  is  less  a  privilege  than  a  duty  of  sovereignty; 
that  it  ought  to  be  gratuitous,  at  least  to  the  poor,  or  in  any  event  not 
expensive ;  that  procedure  should  be  simple  and  expeditious ;  that  all 
useless  stages  of  jurisdiction  should  be  abolished ;  that  in  arranging  the 
jurisdiction  and  fixing  the  competence  of  courts  the  convenience  of 
litigants  alone  should  be  regarded,  and  not  that  of  magistrates,  since 
magistrates  were  constituted  for  the  people  and  not  the  people  for  the 
magistrates.  That  certain  estimates,  which  have  come  to  the  notice  of 
the  nobility  of  the  hailliage  of  Blois,  respecting  the  enormous  cost  to  the 
nation  of  the  administration  of  justice,  have  produced  upon  us  an  im- 
pression of  grief  and  horror. 

That,  through  a  neglect  of  constitutional  principles,  all  powers  of 
the  state  have  been  confounded  with  the  judicial  power;  that  under  the 
pretext  of  judicial  rulings  the  superior  courts  have  assumed  a  portion  of 
the  legislative  power ;  that  under  the  pretext  of  police  regulations  the 
inferior  courts,  oftentimes  a  single  person  bent  upon  following  out  his 
individual  system,  have  been  permitted  to  establish  regulations  which 
encroach  upon  the  liberty  of  citizens  and  seriously  affect  the  rights  of 
property. 

The  attention  of  the  order  of  nobility  has  been  still  more  painfully 
directed  to  our  criminal  laws.  Originating  in  a  period  of  ignorance  and 
barbarity,  they  reflect  the  ferocity  of  manners  then  prevailing.  From 
the  moment  of  his  apprehension  the  accused  is  looked  upon  as  guilty ; 
counsel  and  assistance  of  all  kinds  are  refused  him. 

A  judge  of  original  jurisdiction  examines  witnesses  and  receives 
depositions ;  and  this  testimony,  received  by  a  judge  offtimes  ill  instructed, 
sometimes  prejudiced,  becomes  practically  a  sentence  of  death,  from  which 
the  accused  cannot  hope  to  escape ;  for  what  assistance  can  the  appellate 
court  provide,  when  it  determines  only  upon  procedure,  upon  depositions 
received  from  the  first  judge? 

It  is  not  the  duty  of  the  nobility  of  the  hailliage  of  Blois  to  attempt 
to  present  to  the  States  General  a  plan  for  the  reformation  of  the  civil 
and  criminal  laws.  There  will  not  be  wanting  virtuous,  sensible  and 
enlightened  magistrates,  gathered  from  all  provinces  of  the  kingdom, 
who  will  make  their  voices  heard  in  that  august  assembly. 


CAHIER    OF   NOBILITY,    BAILLIAGE   OF   BLOIS.  1 5 

We  limit  ourselves  to  demand  that  there  shall  be  appointed,  at  the 
opening  of  the  coming  assembly  of  the  States  General,  a  commission 
composed  of  persons  of  enlightenment,  whose  business  it  shall  be  to  take 
this  matter  into  consideration.  This  commission  ought  not  to  be  com- 
posed exclusively  of  magistrates  and  jurists;  the  most  distinguished  vir- 
tue is  not  beyond  the  seduction  of  prejudice.  There  ought  to  be  included 
citizens  of  all  estates  and  orders,  particularly  of  those  who  have  had  the 
privilege  of  studying  the  English  system  of  criminal  jurisprudence. 

We  shall  not  close  this  article  without  asking : 

1.  That  legal  forms  accompanying  actions  arising  from  the  seizure 
and  sale  of  property,  administrations  and  creditors'  mandates,  and  other 
actions  in  which  a  large  number  of  persons  are  interested,  shall  be 
abridged  and  simplified ; 

2.  That  the  file  of  notarial  records  shall  be  sacred ;  that  they 
shall  be  placed,  after  an  interval  of  time  has  elapsed,  in  a  public  place, 
where  all  citizens  may  have  access  to  them. 

3.  That  there  shall  be  established  in  each  rural  parish  a  court  of 
reconciliation,  composed  of  the  seigneur,  the  parish  priest  and  certain 
elderly  men,  for  the  purpose  of  amicably  settling  disputes  and  preventing 
suits  at  law. 

ADMINISTRATION    OF   THE   DOMAIN   AND   FORESTS    OF   THE   KING. 

Art.  4.  The  king's  domain  has  ever  been  regarded  as  charged 
with  perpetual  entail,  and  according  to  this  principle  was  not  subject  to 
sale,  but  only  to  pledges  and  exchanges.  We  shall  not  consider  whether 
these  pledges  and  exchanges  have  been  disadvantageous  to  the  interests 
of  the  king,  as  is  the  general  belief;  but  the  nobility  of  the  hailliage  of 
Blois  is  unwilling  to  see  the  patrimony  of  our  kings  scattered  and  swal- 
lowed up  in  the  immensity  of  the  public  debt. 

Certain  important  considerations  make  it  desirable  that  the  forests 
shall  not  be  included  in  the  sale  of  the  domain. 

A  great  nation,  and  especially  a  maritime  nation  like  France, 
ought  to  regard  its  timber  areas  as  national  property,  precious  for  its  de- 
fence, not  to  be  withdrawn  from  the  control  of  the  sovereign.  It  is  the 
general  opinion  that  a  greater  advantage  is  derived  from  cutting  the 
young  timber  than  from  allowing  it  to  grow  to  maturity ;  that  the  longer 
this  is  delayed,  the  greater  is  the  loss :  the  desire  for  enjoyment  is  a 
natural  sentiment,  and  common  to  all  mankind ;  no  one  will  interest 
himself  in  a  kind  of  wealth,  which  will  have  a  real  value  only  in  the 


1 6  TRANSLATIONS   AND   REPRINTS. 

fifth   generation.     Legal    exemptions,  government  encouragement,  all 
possible  means  avail  nothing  against  this  instinct. 

These  reflections  are  sufficient  to  make  it  evident  that  it  is  neces- 
sary either  to  abandon  the  idea  of  protecting  the  old  forests  of  France, 
or  to  put  them  under  the  safeguard  of  the  nation.  The  nobilit}^  of  the 
hailliage  of  Blois  is  of  the  opinion  that  all  idea  of  selling  or  alienating 
the  royal  forests  ought  to  be  abandoned,  and  that  every  attempt  of  this 
nature  is  to  be  regarded  as  a  public  evil. 

If  then  from  the  property  which  forms  the  body  of  the  king's  do- 
main the  forests,  which  form  a  considerable  part,  be  withdrawn,  together 
with  that  portion  already  alienated,  of  which  it  would  perhaps  be  im- 
possible to  regain  possession,  or  the  resumption  of  which  would  be  dis- 
advantageous, the  remaining  portion  subject  to  sale  would  afford  only  a 
meagre  resource  and  would  bear  no  proportion  to  the  deficit  which  it  is 
a  question  of  reducing. 

As  a  result  of  these  considerations  the  nobility  of  the  hailliage  of 
Blois  is  persuaded  that  in  case  the  States  General  determine  to  abandon 
the  principle  of  the  inalienability  of  the  domain,  it  would  be  unnecessary 
to  hasten  the  sale.  A  large  portion  of  this  property  has  not  been 
brought  up  to  its  real  value,  and  it  is  important,  before  it  is  sold,  that 
an  effort  should  be  made  to  improve  its  condition.  We  shall  limit  our- 
selves then  to  the  request,  that  at  this  first  session  of  the  States  General 
transactions  in  respect  to  the  king's  domain  be  subjected  to  more  rigor- 
ous conditions ;  that  no  disposition  be  made  of  the  domain  until  the 
provincial  estates  have  been  consulted,  and  that  final  action  be  reserved 
for  the  approbation  of  the  following  session  of  the  States  General ;  and 
that  in  respect  to  financial  operations  and  exchanges  which  have  been 
begun,  but  not  yet  confirmed  and  legally  completed,  nor  appraisement 
made,  revision  shall  be  reserved  for  the  next  States  General.  Moreover 
in  the  matter  of  the  forest  of  Russy,  the  complaint  of  the  nobility  of 
Blezois  and  the  memorial  in  reply  of  Baron  d'  Espagnac,  together  with 
the  documents  relative  thereto,  shall  be  turned  over  to  the  deputies 
with  instructions  to  put  them  into  the  hands  of  the  States  General. 

We  shall  also  remark  that,  while  awaiting  a  definite  policy  in  re- 
gard to  the  alienation  of  the  domain  and  the  management  of  the  forests, 
it  is  desirable  that  their  control  should  be  entrusted  to  a  permanent  ad- 
ministration, resident  in  the  provinces,  whose  interests  must  be  identical 
with  the  king's,  and  that  all  these  qualifications  are  found  eminently 
united  in  the  provincial  estates.     This  new  form  of  administration  would 


CAHIER   OF   NOBILITY,    BAILLIAGE  OP   BLOIS.  I7 

be  more  economical,  iDSomuch  as  it  would  allow  the  suppression  of  the 
offices  of  inspector  of  waters  and  forests,  and  a  part  of  the  present 'do- 
manial administration. 

THE  REGULATION  OF  EXPENDITURE. 

Art.  5.  One  of  the  most  important  duties  which  the  States  Gen- 
eral will  be  called  upon  to  fulfil,  is  the  regulation  of  expenditures. 

They  should  reduce  expenditures,  in  each  department,  to  that  which 
is  absolutely  indispensable.  They  should  demand  the  abolition  of  all 
useless  ofiices,  posts  and  places,  especially  those  which  require  neither 
function  nor  residence :  they  should  reduce  all  appointments,  salaries, 
rewards,  pensions  and  gratuities  which  they  deem  excessive.  Tlifey 
should  make  public  the  list  of  pensions ;  they  should  inquire  into  the  mo- 
tives which  have  actuated  their  concession :  finally,  they  should  not  at- 
tempt to  reduce  the  deficit  by  increased  taxation,  until  they  have 
exhausted  all  means  of  restoring  a  balance  by  measures  of  economy. "' 

They  should  adopt  most  stringent  regulations,  to  the  end  that,  the 
sums  voted  for  the  expenses  of  each  department  shall  in  no  case  be  *ex- 
ceeded ;  that  accounts  shall  be  promptly  rendered ;  that  all  shall  be 
subjected  to  the  same  rules  and  formalities,  and  that  no  expenditure 
shall  be  made  upon  the  authority  of  a  simple  order  in  council. 

In  order  to  quiet  still  further  the  apprehension  of  national  credit- 
ors, and  to  establish  confidence  upon  an  indestructible  basis,  the  repay- 
ments of  the  capital  and  interest  of  the  public  debt  should  no  longer  be 
made  from  the  royal  treasury,  but  from  the  treasury  of  the  nation :  a 
portion  of  the  public  revenue  should  be  set  aside  month  by  month,  so 
that  payments  may  never  be  deferred,  and  then  it  may  be  truly  said 
that  the  national  debt  is  consolidated. 

They  should  cause  to  be  printed  lists  of  pensions,  gratuities  and 
special  gifts,  with  details  of  the  motives  occasioning  them.  These  lists 
should  be  revised  every  year  and  published  as  above,  together  with  a 
general  and  detailed  account  of  the  finances,  receipts  and  expenditures 
of  the  year. 

The  minister  of  finance  should  be  held  accountable,  either  to  the 
States  General,  or  to  the  court  which  this  body  may  select,  for  the  dis- 
bursement of  all  funds  turned  into  the  national  treasury :  the  ministers 
of  other  departments  should  be  held  equally  responsible  for  funds  re- 
ceived by  them,  and  they  should  be  held  responsible  to  the  States  Gen- 


1 3  TRANSLATIONS   AND   REPRINTS, 

eral  for  their  administration,  in  all  that  relates  to  the  laws  of  the 
kingdom. 

AGRICULTURE. 

Art.  6.  Of  all  classes  of  citizens  none  is  in  a  better  position  to 
know  the  needs  of  agriculture  than  the  nobility,  which  lives  upon  the 
land.  The  nobility  of  the  hailliage  of  Blois  would  have  reason  to  re- 
proach itself,  if  it  did  not  unite,  in  a  special  article,  the  observations  of 
this  assembly  and  the  information  which  it  has  been  able  to  collect  from 
the  minutes  of  the  provincial  assembly  of  Orleans,  concerning  the 
agriculture  of  this  province  in  particular. 

Certain  calculations,  which  bear  the  marks  of  exactness,  and  the 
results  of  which  may  be  regarded  as  sufficiently  accurate  in  a  matter  of 
this  nature,  establish  the  fact  that  while  in  England  an  area  of  one 
thousand  square  toises  yields  a  gross  product  of  48,000  lbs.  a  year,  the 
same  area  in  France  produces  only  18,000  lbs. 

It  would  be  useless  to  seek  the  cause  of  this  enormous  difference  in 
the  fertility  of  the  soil.  The  soil  of  France  is  quite  as  good  as  that  of 
England,  and  France  has,  to  a  greater  degree  than  England,  certain 
products,  peculiar  to  herself,  such  as  silk,  wines,  oils  etc. 

This  disproportion  has  no  connection  with  the  characteristics  of  the 
two  peoples ;  the  French  people  have  neither  less  courage  nor  less  in- 
genuity than  the  English.  It  is  impossible  to  conceal  the  fact:  it  is 
again  a  consequence  of  vices  in  the  constitution.  For  centuries  the 
country  people  have  groaned  under  the  yoke  of  pecuniary  burdens,  the 
more  overwhelming  insomuch  as  they  are  arbitrary.  The  terror,  which 
the  rigorous  collection  oftaxes  has  inspired,  has  driven  into  the  cities  all 
the  ability  and  all  the  capital,  to  such  a  degree  that  no  large  speculative 
enterprise  concerns  itself  with  agriculture. 

Another  cause  contributing  more  than  any  other  to  turn  capi- 
tal from  agriculture  is  the  high  rate  of  interest,  which  the  demands 
and  frequent  loans  of  the  government  have  occasioned.  The  allure- 
ment of  a  life  of  ease,  demanding  neither  care  nor  labor,  has  drained 
the  country  of  money  and  accumulated  it  in  the  towns. 

Without  considerable  advances  only  a  feeble  state  of  agriculture  can 
be  obtained ;  without  capital  there  can  be  no  live  stock,  without  live 
stock  no  manure,  without  manure  no  crops;  and  such  is  the  state  to 
which  agriculture  in  parts  of  this  province  has  been  reduced. 

The  States  General  will  render  a  most  signal  service  to  agriculture, 


CAHIER   OF    NOBILITY,    BAILLIAGE   OF   BLOIS.  1 9 

as  well  as  to  commerce,  by  causing  to  fall,  as  rapidly  as  possible,  the 
high  rate  of  interest. 

The  nobility  of  the  bailliage  of  Blois  has  dwelt  with  some  emphasis 
upon  these  considerations,  because  it  has  found  here  additional  motives 
for  strengthening  the  demand,  which  it  has  already  expressed,  for  an 
abolition  of  the  taillej  and  a  general  suppression  of  all  arbitrary 
taxation. 

These  statements  refer  principally  to  the  less  fertile  portions  of 
Beance  and  Dunois.  Sologne  presents  a  picture  even  more  dispiriting : 
it  lies  almost  wholly  in  empty  pastures ;  nothing  is  sown  except  here  and 
there  rye  and  buckwheat. 

Certain  investigations  made  from  time  to  time  in  regard  to  the 
population  of  this  province,  seem  to  show  that  it  is  decreasing ;  and  in 
fact  the  stagnant  waters,  which  cover  it  in  winter,  render  residence  here 
unhealthful,  producing  fevers  in  autumn,  and  shortening  the  average 
life  of  the  country  people ;  but  while  the  number  of  persons  has  de- 
creased, while  agriculture  has  became  impoverished,  the  taille  has  re- 
mained ever  the  same,  and  it  has  risen  to-day  to  almost  half  the  rev- 
enues of  the  proprietors. 

These  details  are  necessary  in  order  to  call  attention  to  the  neces- 
sity of  reducing  the  burdens  of  the  province,  and  of  opening  a  canal 
which  shall  drain  the  country. 

Dunois  demands  still  more  immediate  relief,  and  relief  proportion- 
ate to  its  needs.  A  terrible  scourge  has  ravaged  its  fields  in  the  past 
year  and  destroyed  the  crops ;  the  spirit  of  justice  demands  that  inde- 
pendent of  indemnities  which  may  be  granted,  there  should  be  a  total 
remission  of  taxes  to  those  who  have  no  harvest,  and  to  others  in  pro- 
portion to  their  loss. 

Blezois  has  just  suffered  a  loss,  which  cannot  be  repaired  in  many 
years,  through  the  destruction  of  its  vines  by  frost.  Sologne,  in  the 
loss  of  the  fish  in  its  ponds,  which  died  from  the  severe  cold.  It  is  im- 
possible that  these  disasters,  which  have  ruined  proprietors,  should  not 
diminish  the  receipts  of  the  public  treasury,  and  the  nobility  permits 
itself  to  hope  that  these  facts  will  be  taken  into  consideration. 

The  principal  assistance  which  agriculture  awaits  at  this  moment 
from  the  representatives  of  the  nation  is  as  follows ; 

1.  Absolute  freedom  in  the  sale  and  circulation  of  grain  and 
produce ; 

2,  A  regulation  favoring  the  redemption  of  socome  and  other 


:;^20  ^TRANSLATIONS   AND   REPRINTS. 

burdensome  taxeSj-^t^e  drainage  of  swamps,  the  division  of  communal 
lands ; 

3.  Government  encouragement  in  the  production  of  better  grades 
i  of  wool  and  in  theibi-eeding  of  cattle  ; 

4.  Aboliti0nidf^S€£yers,j()C*weights  and  measures  ; 

-  5.  Establishments'^for-weaving,  for  the  manufacture  of  the  coarser 
:f  fabrics  in  the  villages,  to  give  employment  to  the  country  people  during 
Mhe  idle  period  of  the  year ; 

S.  'Better  facilities  for  the  education  of  children;  elementary  text- 
f  books,  adapted  to  their  capacity ^js^where  the  rights  of  man  and  the  social 
»  duties  shall  be  clearly  set  forth  ; 

\'.J.  'More  expert  surgeons  ^a^d^^experienced  mid  wives,  etc. 
Deputies  ought  to  find  assis^snce,  toward  these  ends  in  the  agricul- 
tural societies,  in  the  learned  asseeiations  of  the  capital  and  in  the  great 
number  of  works  which  have  been? .published  in  the  last  few  years. 
They  should  not  lose  sight  of  the^^fact  that  agriculture  is  the  foremost 
of  all  the  arts ;  that  it  is  the  source^otxeviving  prosperity ;  agriculture 
it  is  that  furnishes  to  all  manufacturers  the  raw  materials  upon  which 
industry  is  exercised,  and  to  commerce  the  materials  of  exchange ;  it 
furnishes  subsistence  to  all ;  and,  finally,  it  is  in  agriculture  that  the 
strength  of  the  nation. resides. 

SPECIAL   MATTERS. 

Art.  7.  The  nobility  of  the  bailliage  of  Blois,  in  commencing  the 
composition  of  these  instructions,  had  nothing  further  in  view  than  the 
tracing  of  a  plan  of  constitution  most  conformable  to  the  principles  of 
monarchy,  and  most  likely  to  ensure  to  the  nation  the  free  exercise  of 
its  legitimate  rights ;  we  proposed  moreover  to  confine  ourselves  to  gen- 
eral considerations.  The  great  number  of  suggestions  and  memorials, 
however,  which  have  been  sent  in  by  various  members  of  the  order 
during  the  progress  of  our  labors,  has  gradually  diverted  us  from  our 
earlier  plan,  and  it  seems  to  us  desirable  to  include  a  number  of  felici- 
tous ideas  and  important  reflections,  which  do  honor  to  the  knowledge 
and  patriotic  spirit  of  their  originators.  Fearing,  however,  that  they 
might  lose  somewhat  of  their  original  force  or  be  inadequately  de- 
veloped in  our  presentation,  we  have  determined  that  the  original  me- 
morials themselves  should  be  turned  over  to  the  deputies.  The  leading 
ideas  which  we  have  extracted  from  these  writings,  and  which  we  have 
determined  to  incorporate  in  our  demands,  are  the  following: 


€AHIER   OF   NOBILrrY,    BAILLIAGE   OP   BLOIS,  21 

1.  The  augmentation,  out  af  the  funds  of  the  clergy,  of  the  salary 
of  parish  priests  with  minimum  dotation,  the  greater  part  of  whom  are 
in  a  state  bordering  so  closely  upon  poverty,  that  they  often  share  in  the 
misery  of  the  country  people,  without  being  abk  to  relieve  it. 

2.  That  the  law  exempting  from  the  payment  of  taille  each  rural 
inhabitant  who  has  twelve  children  be  reenact^d,  and  in  case  of  the 
total  suppression  of  the  taille  some  equivalent  compensation  be  made. 

3.  Throughout  the  whole  kingdom  there  should  be  but  one  code 
of  laws,  one  system  of  weights  and  measures. 

4.  That  a  commission  be  established  composed  of  the  most  emi- 
nent men  of  letters  of  the  capital  and  provinces,  and  citizens  of  all 
orders,  to  formulate  a  plan  of  national  education  for  the  benefit  of  all 
classes  of  society ;  and  for  the  purpose  of  revising  elementary  text-books. 

5.  That  all  customs  duties  collected  in  the  interior  of  the  king, 
dom  be  abolished,  and  all  custom-houses,  offices  and  customs  barriers  be 
removed  to  the  frontier. 

6.  That  rank,  power  or  credit  shall  not  be  permitted  to  avert  the 
rigors  of  the  law  in  the  case  of  fraudulent  bankruptcies,  and  that  the 
custom  of  issuing  writs  of  suspension  be  done  away  with,  at  least  until 
they  have  been  demanded  by  the  creditors  themselves. 

7.  That  any  bill  signed  by  a  nobleman  be  declared  a  bill  of 
honor. 

8.  That  the  troops  be  employed  upon  the  highways  and  public 
works. 

9.  That  there  be  established  in  country  parishes,  at  the  expense 
of  seigneurs  who  demand  it,  retreats  for  disabled  soldiers,  for  which  the 
king  shall  furnish  only  the  clothing. 

10.  That  the  law  prohibiting  all  persons  not  noble  from  carrying 
arms  be  put  in  force,  and  that  precautions  be  taken  to  assure  its  exe- 
cution. 

11.  That  the  mounted  police  be  increased,  and  that  projects  which 
have  been  advanced  looking  to  an  establishment  of  foot  brigades  be 
considered. 

With  regard  to  all  that  concerns  public  charities,  mendicancy, 
hospitals,  foundling  asylums  and  other  benevolent  institutions,  the 
assembly  of  the  nobility  recognizes  their  importance,  but  considers  itself 
not  in  duty  bound  to  take  them  into  consideration,  since  they  are  more 
especially  within  the  j  urisdiction  of  the  provincial  estates. 


22  TEANSLATIONS    AND   REPRINTS. 


CONCERNING  THE  NATIONAL  CONSTITUTION  AND  THE   MEANS  OF 
OBTAINING  THE  ABOLITION  OF   ABUSES. 

Art.  8.  Up  to  this  point  we  have  merely  indicated  the  abuses 
which  have  accumulated  in  France  during  a  long  succession  of  centuries  ; 
we  have  made  it  evident  that  the  rights  of  citizens  have  been  abridged 
by  a  multitude  of  laws  which  attack  property,  liberty  and  personal 
safety. 

That  these  rights  have  suffered  injury  as  well  in  the  nature  as  in 
the  imposition  of  the  taxes ;  in  the  administration  of  justice  in  both  civil 
and  criminal  law  ;  that  this  has  been  the  case  especially  in  the  adminis- 
tration of  the  public  revenues. 

It  is  not  sufficient  to  suppress  these  abuses  ;  it  is  necessary  to  pre- 
vent their  return ;  there  must  be  established  an  ever  active  influence, 
moving  without  interruption  in  the  direction  of  public  prosperity,  which 
shall  bear  in  itself  the  germ  of  all  good,  a  principle  destructive  of  all 
evil. 

In  order  to  accomplish  this  great  object  the  nobility  of  the  hailliage 
of  Blois  demand  : 

That  the  States  General  about  to  assemble  shall  be  permanent  and 
shall  not  be  dissolved  until  the  constitution  be  established  ;  but  in  case 
the  labors  connected  with  the  establishment  of  the  constitution  be  pro- 
longed beyond  a  space  of  two  years,  the  assembly  shall  be  reorganized 
with  new  deputies  freely  and  regularly  elected. 

That  a  fundamental  and  constitutional  law  shall  assure  forever  the 
periodical  assembly  of  the  States  General  at  frequent  intervals,  in  such 
a  manner  that  they  may  assemble  and  organize  themselves  at  a  fixed 
time  and  place,  without  the  concurrence  of  any  act  emanating  from  the 
executive  power. 

That  the  legislative  power  shall  reside  exclusively  in  the  assembly 
of  the  nation,  under  the  sanction  of  the  king,  and  shall  not  be  exercised 
by  any  intermediate  body  during  the  recess  of  the  States  General. 

That  the  king  shall  enjoy  the  full  extent  of  executive  power  neces- 
sary to  insure  the  execution  of  the  laws ;  but  that  he  shall  not  be  able 
in  any  event  to  modify  the  laws  without  the  consent  of  the  nation. 

That  the  form  of  the  military  oath  shall  be  changed,  and  the  troops 
promise  obedience  and  fidelity  to  the  king  and  the  nation. 

That  taxes  may  not  be  imposed  without  the  consent  of  the  nation ; 


€AH1ER   OF  NOBILITY,    BAILLIAGE  OP   BLOIS.  2 3 

tliat  taxes  may  be  granted  only  for  a  specified  time,  and  for  no  longer 
than  the  next  meeting  of  the  States  General. 

[T/ie  question  of  how  voting  should  be  conducted  in  the  States  General 
•called  forth  a  variety  of  opinions,  and  it  was  decided  to  insert  in  the  cahier 
the  minutes  of  the  meeting  of  March  28,  in  so  far  as  they  bore  upon  the 
matter.      The  substance  of  the  discussion  is  as  follows  : 

Upon  the  first  ballot  the  assembly  stood  51  for  the  vote  by  order  and 
Jf.3  for  the  vote  per  capita. 

It  was  suggested  however  that  many  present  favored  a  mixed  system 
vf  voting,  viz.  :  that  in  matters  of  general  welfare,  or  which  involved  the 
granting  of  subsidies  and  the  maintenance  of  the  national  honor,  voting 
should  be  j^er  capita ;  that  in  matters  touching  the  rights  and  interests  of 
the  individual  orders,  voting  shoidd  be  by  order. 

Upon  ballot,  68  signified  their  approval  of  this  system  and  28  still 
adhered  to  the  vote  by  order.'] 

There  shall  be  established  this  year,  if  possible,  and  before  the 
adjournment  of  the  States  General,  provincial  estates,  which  shall  super- 
intend the  levy  of  taxes  approved  by  the  nation, have  charge  of 

highways  and  public  works  and  of  all  that  concerns  the  special  local 
interests  of  the  provinces,  as  well  as  all  matters  of  administration  con- 
fided to  them  by  the  States  General,  especially  the  administration  of  the 
domains  and  forests  belonging  to  the  king  and  to  communes. 

With  respect  to  the  organization  of  the  provincial  estates  the  no- 
bility of  the  bailliage  of  Blois  will  aquiesce  in  whatever  the  States  Gen- 
eral may  be  pleased  to  determine. 

That  a  part  of  the  magisterial  and  judicial  powers  hitherto  pos- 
sessed by  intendants  shall  be  entrusted  to  a  court  established  in  each 
generalite. 

It  has  been  determined  to  grant  absolute  powers  to  delegates  ;  but 
that  notice  be  given  them  that  the  unanimous  desire  of  the  nobility  of 
the  bailliage  of  Blois  has  never  swerved  from  this  principle :  No  sub- 
sidies without  a  constitution  ;  no  tax  to  be  legal,  unless  decreed  and 
determined  by  the  States  General. 

[The  cahier  is  signed  by  7  marquises,  7  counts,  3  viscounts,  3  barons^ 
9  knights,  and  6Jf.  persons  without  special  title.  ] 


2^  TRANSLATION'S   AND  REPRINTS, 

III.     CAHIER, 

Of  the  grievanee&j  complaints  and  remonstrances  of  the  members  of 
the  third  estate  of  the  hailliage  of  Versailles, 

Archives  Parlementaires,  Vol.  V,  p.  180-185, 

CONSTITUTION. 

Art.  1.  The  power  of  making  laws  resides  in  the  king  and  the 
nation. 

Art.  2.  The  nation  being  too  numerous  for  a  personal  exercise  of 
this  right,  has  confided  its  trust  to  representatives  freely  chosen  from  all 
classes  of  citizens.  These  represenstatives  constitute  the  national  as- 
sembly. 

Art.  3.  Frenchmen  should  regard  as  laws  of  the  kingdom  those 
alone  which  have  been  prepared  by  the  national  assembly  and  sanctioned 
by  the  king. 

Art.  4.  Succession  in  the  male  line  and  primogeniture  are  usages 
as  ancient  as  the  monarchy,  and  ought  to  be  maintained  and  consecrated 
by  solemn  and  irrevocable  enactment. 

Art.  5.  The  laws  prepared  by  the  States  General  and  sanctioned 
by  the  king  shall  be  binding  upon  all  classes  of  citizens  and  upon  all 
provinces  of  the  kingdom.  They  shall  be  registered  literally  and  ac- 
curately in  all  courts  of  law.  They  shall  be  open  for  consultation  at 
all  seats  of  municipal  and  communal  government ;  and  shall  be  read 
at  sermon  time  in  all  parishes. 

Art.  6.  That  the  nation  may  not  be  deprived  of  that  portion  of 
legislation  which  is  its  due,  and  that  the  affairs  of  the  kingdom  may  not 
suffer  neglect  and  delay,  the  States  General  shall  be  convoked  at  least 
every  two  or  three  years. 

Art.  7.  No  intermediate  commission  of  the  States  General  may 
ever  be  established,  since  deputies  of  the  nation  have  no  right  to  dele- 
gate the  powers  confirmed  to  them. 

Art.  8.  Powers  shall  be  conferred  upon  delegates  for  one  year 
only ;  but  they  may  be  continued  or  confirmed  by  a  single  reelection. 

Art.  9.  The  persons  of  deputies  shall  be  inviolable.  They  may 
not  be  prosecuted  in  civil  cases  during  their  term  of  office ;  nor  held  re- 
sponsible to  the  executive  authorities  for  any  speech  made  in  the  as- 
sembly ;  but  they  shall  be  responsible  to  the  States  General  alone. 

Art.  10.     Deputies   of  the   Third  Estate,    or   their  president  or 


CAHIER   OF  THIR1>   ESTATE,    BAILLIAGE   OF  VERSAILLES.  25 

speaker,  shall  preserve  the  same  attitude  and  demeanor  as  the  repre- 
sentatives of  the  two  upper  orders,  when  they  address  the  sovereign. 
As  regards  the  three  orders  there  shall  be  no  difference  observed  in  the 
ceremonial  made  use  of  at  the  convocation  of  the  estates. 

Art.  11.  Personal  liberty,  proprietary  rights  and  the  security  of 
citizens  shall  be  established  in  a  clear,  precise  and  irrevocable  manner. 
All  lettres  de  cachet  shall  be  abolished  for  ever,  subject  to  certain  mod- 
ifications which  the  States  General  may  see  fit  to  impose. 

Art.  12.  And  to  remove  forever  the  possibility  of  injury  to  the 
personal  and  proprietary  rights  of  Frenchmen,  the  jury  system  shall  be 
introduced  in  all  criminal  cases,  and  in  civil  cases  for  the  determination 
of  fact,  in  all  the  courts  of  the  realm. 

Art.  13.  All  persons  accused  of  crimes  not  involving  the  death 
penalty  shall  be  released  on  bail  within  twenty-four  hours.  This  re- 
lease shall  be  pronounced  by  the  judge  upon  the  decision  of  the  jury. 

Art.  14.  All  persons  who  shall  have  been  imprisoned  upon  sus- 
picion, and  afterwards  proved  innocent,  shall  be  entitled  to  satisfaction 
and  damages  from  the  state,  if  they  are  able  to  show  that  their  honor  or 
property  has  suffered  injury. 

Art.  15.  A  wider  liberty  of  the  press  shall  be  accorded,  with  this 
provision  alone :  that  all  manuscripts  sent  to  the  printer  shall  be  signed 
by  the  author,  who  shall  be  obliged  to  disclose  his  identity  and  bear  the 
responsibility  of  his  work;  and  to  prevent  judges  and  other  persons  in 
power  from  taking  advantage  of  their  authority,  no  writing  shall  be 
held  a  libel  until  it  is  so  determined  by  twelve  j  urors,  chosen  according 
to  the  forms  of  a  law  which  shall  be  enacted  upon  this  subject. 

Art.  16.  Letters  shall  never  be  opened  in  transit;  and  effectual 
measures  shall  be  taken  to  the  end  that  this  trust  shall  remain  inviolable. 

Art.  17.  All  distinctions  in  penalties  shall  be  abolished;  and 
crimes  committed  by  citizens  of  the  different  orders  shall  be  punished 
irrespectively,  according  to  the  same  forms  of  law  and  in  the  same  man- 
ner. The  States  General  shall  seek  to  bring  it  about  that  the  effects 
of  transgression  shall  be  confined  to  the  individual,  and  shall  not  be 
reflected  upon  the  relatives  of  the  transgressor,  themselves  innocent  of 
all  participation. 

Art.  18.  Penalties  shall  in  all  cases  be  moderate  and  propor- 
tionate to  the  crime.  All  kinds  of  torture,  the  rack  and  the  stake,  shall 
be  abolished.  Sentence  of  death  shall  be  pronounced  only  for  atrocious 
Crimea  and  in  rare  instances,  determined  by  the  law. 


26  TSANSLATIONS   ANB  EEPRINTS. 

Art.  19.     Civil  and  criminal  laws  shall  be  reformed. 

Art.  20.  The  military  throughout  the  kingdom  shall  be  subject 
to  the  general  law  and  to  the  civil  authorities,  in  the  same  manner  as 
other  citizens. 

Art.  21.  No  tax  shall  be  legal  unless  accepted  by  the  representa- 
tives of  the  people  and  sanctioned  by  the  king. 

Art.  22.  Since  all  Frenchmen  receive  the  same  advantage  from 
the  government,  and  are  equally  interested  in  its  maintenance  they 
ought  to  be  placed  upon  the  same  footing  in  the  matter  of  taxation. 

Art.  23.  All  taxes  now  in  operation  are  contrary  to  these  princi- 
ples and  for  the  most  part  vexatious,  oppressive  and  humiliating  to  the 
people.  They  ought  to  be  abolished  as  soon  as  possible,  and  replaced 
by  others  common  to  the  three  orders  and  to  all  classes  of  citizens,  with- 
out exception. 

Art.  24.  In  case  the  pr^ent  taxes  are  provisionally  retained,  it 
should  be  for  a  short  time,  not  longer  than  the  session  of  the  States  Gen- 
eral, and  it  shall  be  ordered  that  the  proportional  contribution  of  the 
two  upper  orders  shall  be  due  from  them  on  the  day  of  the  promulga- 
tion of  the  law  of  the  constitution. 

Art.  25.  After  the  establishment  of  the  new  taxes,  which  shall  be 
paid  by  the  three  orders,  the  present  exceptional  method  of  collecting 
from  the  clergy  shall  be  done  away  with,  and  their  future  assemblies 
shall  deal  exclusively  with  matters  of  discipline  and  dogma. 

Art.  26.  All  new  taxes,  real  and  personal,  shall  be  established 
only  for  a  limited  time,  never  to  exceed  two  or  three  years.  At  the  ex- 
piration of  this  term,  they  shall  be  no  longer  collected,  and  collectors  or 
or  other  officials  soliciting  the  same  shall  be  proceeded  against  as  guilty 
of  extortion. 

Art.  27.  The  anticipation  of  future  revenues,  loans  in  whatsoever 
disguise,  and  all  other  financial  expedients  of  the  kind,  of  which  so  great 
abuse  has  been  made,  shall  be  forbidden. 

Art.  28.  In  case  of  war,  or  other  exceptional  necessity,  no  loan 
shall  be  made  without  the  consent  of  the  States  General,  and  it  shall  be 
enacted  that  no  loan  shall  be  effected,  without  provision  being  made  by 
taxation  for  the  payment  of  interest,  and  of  the  principal  at  a  specified 
time. 

Art.  29.  The  amount  which  each  citizen  shall  be  obliged  to  pay, 
in  case  of  war,  by  reason  of  an  increase  in  the  existing  taxes,  at  a  cer- 
tain rate  per  livre,  shall  be  determined  beforehand  by  the  States  Gen- 


CAHIER   OF   THIRD   ESTATE,    BAILLIAGE   OF   VERSAILLES.  27 

eral  in  conjunction  with  the  king.  The  certainty  of  increase  ought  to 
have  a  niarked  effect  in  preventing  useless  and  unjust  wars,  since  it 
clearly  indicates  to  Frenchmen  the  new  burden  they  will  have  to  bear,  and 
to  foreign  nations  the  resources  which  the  nation  has  in  reserve  and  at 
hand  to  repulse  unjust  attacks. 

Art.  30.  The  exact  debt  of  the  government  shall  be  established 
by  the  States  General,  and  after  verification  it  shall  be  declared  the 
national  debt. 

Art.  81.  Perpetual  and  life  annuities  shall  be  funded  at  their 
present  value. 

Art.  32.  The  expenses  of  the  departments  shall  be  determined  by 
their  actual  needs,  and  so  established  by  a  committee  of  the  States  Gen- 
eral, in  such  a  manner  that  the  expenditures  may  never  exceed  the 
sums  appropriated. 

Art.  33.  There  shall  be  no  increase  in  taxation,  until  the  re- 
ceipts and  expenditures  have  been  compared  with  the  utmost  care,  and 
a  real  deficit  discovered ;  in  fact,  not  until  all  possible  reductions  have 
been  made  in  the  expenses  of  each  department. 

Art.  34.  The  expenses  of  the  war  department  call  for  the  special 
attention  of  the  States  General.  These  expenses  mount  annually  to  the 
appalling  sums  of  110  and  120  millions.  In  order  to  effect  their  re- 
duction, the  States  General  shall  demand  the  accounts  of  this  depart- 
ment under  the  recent  ministries,  particularly  under  the  ministry  of  the 
Due  de  Choiseul. 

Art.  35.  The  present  militia  system,  which  is  burdensome,  op- 
pressive and  humiliating  to  the  people,  shall  be  abolished;  and  the 
States  General  shall  devise  means  for  its  reformation. 

Art.  36.  A  statement  of  Pensions  shall  be  presented  to  the  States 
General ;  they  shall  be  granted  only  in  moderate  amounts,  and  then 
only  for  services  rendered.  The  total  annual  expenditure  for  this  pur- 
pose should  not  exceed  a  fixed  sum.  A  list  of  pensions  should  be 
printed  and  made  public  each  year. 

Art.  37.  Since  the  nation  undertakes  to  provide  for  the  personal 
expenses  of  the  sovereign,  as  well  as  for  the  crown  and  state,  the  law 
providing  for  the  inalienability  of  the  domain  shall  be  repealed.  As  a 
result,  all  the  domanial  possessions  immediately  in  the  king's  possession, 
as  well  as  those  already  pledged,  and  the  forests  of  his  majesty  as  well, 
shall  be  sold,  and  transferred  in  small  lots,  in  so  far  as  possible,  and 
always  at  public  auction  to  the  highest  bidder ;   and  the  proceeds  ap- 


28  TRANSLATIONS   AND  REPRINTS. 

plied  to  the  reduction  of  the  public  debt.  In  the  meanwhile  all  woods 
and  forests  shall  continue  to  be  controlled  and  administered,  whoever 
may  be  the  actual  proprietors,  according  to  the  provisions  of  the  law  of 
1669. 

Art.  38.  The  execution  of  this  law  shall  be  confided  to  the  pro- 
vincial estates,  which  shall  prosecute  violations  of  the  law  before  judges 
in  ordinary. 

Art.  39.  Apanages  shall  be  abolished  and  replaced,  in  the  case  of 
princes  who  possess  them,  with  cash  salaries,  which  shall  be  included  in 
the  expenses  of  the  crown. 

Art.  40.  The  States  General  shall  take  under  advisement  these 
transfers  which  have  not  yet  been  verified  and  completed. 

Art.  40.  b.  Ministers  and  all  government  officials  shall  be  re- 
sponsible to  the  States  General  for  their  conduct  of  affairs.  They  may 
be  impeached  according  to  fixed  forms  of  law  and  punished  according  to 
the  statute. 

Art.  41.  All  general  and  particular  statements  and  accounts  rel- 
ative to  the  administration  shall  be  printed  and  made  public  each  year. 

Art.  42.  The  coinage  may  not  be  altered  without  the  consent  of 
the  Estates ;  and  no  bank  established  without  their  approval. 

Art.  43.  A  new  subdivision  shall  be  made  of  the  provinces  of  the 
realm ;  provincial  estates  shall  be  established,  members  of  which,  not 
excepting  their  presidents,  shall  be  elected. 

Art.  44.  The  constitution  of  the  provincial  estates  shall  be  uni- 
form throughout  the  kingdom,  and  fixed  by  the  States  General.  Their 
powers  shall  be  limited  to  the  interior  administration  of  the  provinces, 
under  the  supervision  of  his  majesty,  who  shall  communicate  to  them  the 
national  laws  which  have  received  the  consent  of  the  States  General  and 
the  royal  sanction:  to  which  laws  all  the  provincial  estates  shall  be 
obliged  to  submit  without  reservation. 

Art.  45.  All  members  of  the  municipal  assemblies  of  towns  and 
villages  shall  be  elected.  They  may  be  chosen  from  all  classes  of  citi- 
zens. All  municipal  offices,  now  existing,  shall  be  abolished ;  and  their 
redemption  shall  be  provided  for  by  the  States  General. 

Art.  46.  All  offices  and  positions,  civil,  ecclesiastical  and  military, 
shall  be  open  to  all  orders ;  and  no  humiliating  and  unjust  exception 
(in  the  case  of  the  third  estate),  destructive  to  emulation  and  injurious 
to  the  interests  of  the  state,  shall  be  perpetuated. 

Art.  47.     The  right  of  aubaine  shall  be  abolished  with  regard  to 


CAHIER   OF  THIRD   ESTATE,    BAILLIAGE   OF   VERSAILLES.  29 

all  nationalities.     All  foreigners,  after  three  years  residence  in  the 
kingdom,  shall  enjoy  the  rights  of  citizenship. 

Art.  48.  Deputies  of  French  colonies  in  America  and  in  the  In- 
dies,  which  form  an  important  part  of  our  possessions,  shall  be  admitted 
to  the  States  General,  if  not  at  the  next  meeting,  at  least  at  the  one 
following. 

Art.  49.  All  relics  of  serfdom,  agrarian  or  personal,  still  remain* 
ing  in  certain  provinces,  shall  be  abolished. 

Art.  50.  New  laws  shall  be  made  in  favor  of  the  negroes  in  our 
colonies ;  and  the  States  General  shall  take  measures  toward  the  aboli- 
tion of  slavery.  Meanwhile  let  a  law  be  passed,  that  negroes  in  the 
colonies  who  desire  to  purchase  their  freedom,  as  well  as  those  whom 
their  masters  are  willing  to  set  free,  shall  no  longer  be  compelled  to  pay 
a  tax  to  the  domain. 

Art.  51.  The  three  functions,  legislative,  executive  and  judicial, 
shall  be  separated  and  carefully  distinguished. 

The  communes  of  the  bailliage  of  Versailles  have  already  expressed 
themselves  in  respect  to  the  necessity  of  adopting  the  form  of  delibera- 
tion per  capita  in  the  coming  States  General.  The  reform  of  the  con- 
stitution will  be  one  of  their  principal  duties.  This  magnificent  mon- 
ument of  liberty  and  public  felicity  should  be  the  work  of  the  three 
orders  in  common  session ;  if  they  are  separated,  certain  pretensions, 
anxieties  and  jealousies  are  bound  to  arise ;  the  two  upper  orders  are 
likely  to  oppose  obstacles,  perhaps  invincible,  to  the  reform  of  abuses 
and  the  enactment  of  laws  destined  to  suppress  such  abuses.  It  seems  in- 
dispensable that  in  this  first  assembly  votes  should  be  taken  per  eajnta 
and  not  by  order.  After  the  renunciation  by  the  two  upper  orders  of 
their  pecuniary  privileges;  after  all  distinctions  before  the  law  have 
been  abolished ;  when  the  exclusion  of  the  third  estate  from  certain 
offices  and  positions  has  been  done  away  with, — then  the  reasons  which 
to-day  necessitate  deliberation  per  capita  will  no  longer  exist. 

The  communes  of  Versailles  therefore  refrain  from  expressing  a 
positive  opinion  upon  the  future  composition  of  the  national  assemblies 
and  upon  the  method  of  their  deliberation.  They  defer,  with  all  confi- 
dence, the  decision  of  this  important  question  to  the  wisdom  of  the  States 
General. 

Our  prayer  is  that  the  methods  determined  upon  shall  be  such  as 
will  assure  forever,  to  the  king  and  to  the  nation  those  portions  of  the 
legislative  power  which   respectively  belong  to  them ;   that  they  shall 


30  TEANSLATIONS   AND   EEPRINTS. 

maintain  between  them  a  perfect  equilibrium  in  the  employment  of  this 
power ;  that  they  shall  conserve,  forever,  to  the  nation  its  rights  and 
liberties;  to  the  king  his  prerogatives  and  the  executive  power  in  all  its 
fulness.  Finally  that  these  methods  should  be  so  combined  as  to  produce 
that  circumspectness  and  lack  of  haste  so  necessary  to  the  enactment  of 
laws,  and  that  they  will  effectually  prevent  all  hasty  counsels,  dissentions 
amongst  deputies  and  immature  conclusions. 

May  all  deputies  to  this  august  assembly,  impressed  with  the  sanct- 
ity and  extent  of  their  obligations,  forget  that  they  are  the  mandatories 
of  some  special  order,  and  remember  only  that  they  are  representatives 
of  the  people.  May  they  never  be  forgetful  of  the  fact,  that  they  are 
about  to  fix  the  destinies  of  the  foremost  nation  of  the  world  I 

THE   EXECUTIVE. 

Art.  52.  It  shall  be  ordained  by  the  constitution  that  the  execu- 
tive power  be  vested  in  the  king  alone. 

Art.  53.  The  king  shall  dispose  of  all  offices,  places  and  positions, 
ecclesiastical,  civil  and  military,  to  which  he  has  at  present  the  right  of 
appointment. 

Art.  54.  All  the  provincial  estates,  or  commissions  representing 
them,  shall  receive  his  immediate  orders  which  it  shall  be  their  duty  to 
obey  provisionally. 

Art.  55.  His  consent  shall  be  necessary  to  all  bills  approved  by 
the  States  General  in  order  that  they  may  acquire  the  force  of  law 
throughout  the  realm.  He  may  reject  all  bills  presented  to  him,  with- 
out being  obliged  to  state  the  reasons  of  his  disapproval. 

Art.  56.  He  shall  have  the  sole  right  of  convening,  prorogueing 
and  dissolving  the  States  General. 

THE    JUDICIARY. 

Art.  57.  The  sale  of  the  judicial  office  shall  be  suppressed  as  soon 
as  circumstances  will  permit,  and  provision  made  for  the  indemnifica- 
tion of  holders. 

Art.  58.  There  shall  be  established  in  the  provinces  as  many 
superior  courts  as  there  are  provincial  estates.  They  shall  be  courts 
of  final  jurisdiction. 

Art.  59.  All  exceptional  and  privileged  seignorial  courts  shall 
be  abolished,  as  well  as  other  courts  rendered  useless  by  the  abolition  of 


I 


CAHIER    OF   THIRD   ESTATE,    BAILLIAGE   OF   VERSAILLES.  3 1 

certain  taxes  which  caused  their  erection,  and  by  the  adoption  of  a  new 
system  of  accounts  under  the  exclusive  control  of  the  States  General. 

Art.  60.  All  rights  of  committimm  or  of  evocation,  which  tend  to 
favor  certain  classes  of  citizens  to  the  detriment  of  the  general  public, 
shall  be  abolished. 

Art.  61.     There  shall  be  only  two  stages  of  jurisdiction. 

Art.  62.  Since  the  adoption  of  the  jury  system  will  have  a  ten- 
dency to  facilitate  and  simplify  the  administration  of  justice,  all  classes 
of  judges  shall  be  reduced  to  the  least  number  possible. 

Art.  63.  Each  judge-  of  the  lower  courts  and  of  the  superior 
provincial  courts  shall  be  appointed  by  the  king  out  of  a  list  of  three 
candidates,  presented  by  the  provincial  estates. 

Art.  64.  Judges  of  all  courts  shall  be  obliged  to  adhere  to  the 
letter  of  the  law  and  may  never  be  permitted  to  change,  modify  or  in- 
terpret it  at  their  pleasure. 

Art.  65.  The  fees  received  by  all  officers  of  justice  shall  be  fixed 
at  a  moderate  rate  and  clearly  understood;  and  judges  who  extort  fees 
in  excess  of  the  fixed  rates  shall  be  condemned  to  pay  a  fine  of  four 
times  the  amount  they  have  received. 

Such  are  the  bases  of  a  constitution  founded  upon  the  eternal  princi- 
ples of  justice  and  reason,  which  alone  ought  to  regulate  henceforward  the 
government  of  the  realm.  Once  they  are  adopted,  all  false  pretensions, 
all  burdensome  privileges,  all  abuses  of  all  kinds  will  be  seen  to  disap- 
pear. Already  a  considerable  number  of  bailliages  have  expressed 
their  desires  concerning  the  reforms  and  abolitions  to  be  effected  in  all 
branches  of  the  administration ;  the  necessity  for  these  drastic  changes 
has  been  so  evident  that  it  is  sufficient  merely  to  indicate  them. 

GENERAL   DEMANDS. 

Art.  66.  The  deputies  of  the  prevote  and  vicomte  of  Paris  shall  be 
instructed  to  unite  themselves  with  the  deputies  of  other  provinces,  in 
order  to  join  with  them  in  securing,  as  soon  as  possible,  the  following 
abolitions : 

Of  the  taille ; 

Of  the  gahelle ; 

Of  the  aides ; 

Of  the  corvee ; 

Of  the  ferme  of  tobacco ; 

Of  the  registry-duties ; 


$2  TEANSLATIONS   AND   EEPRINTSw 

Of  the  free-hold  tax ; 
Of  the  taxes  on  leather ; 
Of  the  government  stamp  upon  iron  ; 
Of  the  stamps  upon  gold  and  silver ; 
Of  the  interprovincial  customs  duties ; 
Of  the  taxes  upon  fairs  and  markets ; 

Finally,  of  all  taxes  thatare  burdensome  and  oppressive,  whether 
on  account  of  their  nature  or  of  the  expense  of  collection,  or  because  they 
have  been  paid  almost  wholly  by  agriculturists  and  by  the  poorer  classes. 
They  shall  be  replaced  with  other  taxes,  less  complicated  and  easier  of 
collection,  which  shall  fall  alike  upon  all  classes  and  orders  of  the  state 
without  exception. 

Art.  67.     We   demand  also  the  abolition  of  the  royal  preserves 
{capitaineries) ; 

Of  the  game  laws ; 
Of  jurisdictions  ofpi^erotes; 
Of  banalites ; 
Of  tolls; 

Of  useless  authorities  and  governments  in  cities  and  provinces. 
Art.  68.  We  solicit  the  establishment  of  public  granaries  in  the 
provinces,  under  the  control  of  the  provincial  estates,  in  order  that  by 
accumulating  reserves  during  years  of  plenty,  famine  and  excessive 
dearness  of  grain,  such  as  we  have  experienced  in  the  past  may  be 
prevented. 

Art.  69.     We  solicit  also  the  establishment  of  free  schools  in  all 
country  parishes. 

Art.  70.     We  demand,  for  the  benefit  of  commerce,  the  abolition 
of  all  exclusive  privileges : 

The  removal  of  customs  barriers  to  the  frontiers ; 
The  most  complete  freedom  in  trade ; 
The  revision  and  reform  of  all  laws  relative  to  commerce ; 
Encouragement  for  all   kinds  of  manufacture:    viz.    premiums, 
bounties  and  advances : 

Rewards  to  artisans  and  laborers  for  useful  inventions. 
The  communes  desire  that  prizes  and  rewards  shall  always  be  pre- 
ferred to  exclusive  privileges,  which  extinguish  emulation  and  lessen 
competition. 

Art.  71.     We  demand  the  suppression  of  various  hindrances,  such 
as  stamps,  special  taxes,  inspections ;  and  the  annoyances  and  visitations, 


CAHIER   OF   THIRD    ESTATE,    BAILLIAGE   OF   VERSAILLES.  33 

to  which  many  manufacturing  establishments,  particularly  tanneries,  are 
subjected. 

Art.  72.  The  States  General  are  entreated  to  devise  means  for 
abolishing  gild  organizations,  indemnifying  the  holders  of  masterships ; 
and  to  fix  by  law  the  conditions,  under  which  the  arts,  trades  and  pro- 
fessions may  be  followed,  without  the  payment  of  an  admission  tax,  and 
at  the  same  time  to  provide  that  public  security  and  confidence  be 
undisturbed. 

Art.  73.     Deputies  shall  solicit  the  abolition  of; 
Eeceivers  of  consignments ; 
Pawn-brokers ; 
All  lotteries; 
The  bank  of  Poissy  ;* 

All  taxes,  of  whatsoever  nature,  on  grain  and  flour  * 
All  franchises   and  exemptions  enjoyed  by  post-agents,    except 
a  pecuniary  indemnity  which  shall  be  accorded  them ; 

The  exclusive  privilege  of  the  transportation  companies,  which 
shall  be  allowed  to  continue  their  public  service,  in  competition,  however, 
with  all  private  companies,  which  shall  see  fit  to  establish  public  car- 
riages ;  and  these  moreover  shall  be  encouraged. 

Art.  74.  They  shall  demand  complete  freedom  of  transport  for 
grain  among  the  various  provinces  of  the  kingdom,  without  interference 
from  any  court  whatsoever. 

Art.  75.  They  shall  demand  also  the  total  abolition  of  all  writs 
of  suspension  and  of  safe  conducts. 

Art.  76.  Superior  courts  shall  be  absolutely  prohibited  from  arrest- 
ing, in  any  manner  whatsoever,  by  means  of  decrees  or  decisions  obtained 
upon  petitions  not  made  public,  the  execution  of  notarial  writs  or  the 
decisions  of  judges  of  original  jurisdiction,  when  the  law  shall  ordain 
their  provisional  execution ;  under  penalty  that  the  judge  shall  be  re- 
sponsible for  the  amount  of  the  debt,  payment  of  which  he  has  caused 
to  be  arrested. 

Art.  77.     The  abolition  of  all  places  of  refuge  for  debtors. 

Art.  78.     That  no  merchant  or  trader  may  be  admitted  to  any 

1  The  Bank  of  Poissy,  established  in  the  seventeenth  century,  acted  as  an  in- 
termediary between  the  butchers  of  Paris  and  outside  cattle  dealers,  furnishing 
money  to  the  butchers  for  their  purchases.  The  result,  at  least  in  the  popular 
mind,  was  to  raise  the  price  of  butchers'  wares.  This  institution  had  been  abolished 
by  Turgot  in  1776  and  reestabUshed  in  1779. 


34  TRANSLATIONS   AND   REPRINTS, 

national  assembly  or  any  municipal  body,  who  has  demanded  abatement 
from  his  creditors ;  still  less  if  he  is  a  fraudulent  bankrupt ;  and  he  may 
not  be  re-established  in  his  rights  until  he  has  paid  the  whole  amount 
of  his  indebtedness. 

Art.  79.  That  individuals  who  have  issued  promissory  notes  shall 
be  liable  to  detention. 

Art.  80.  That  the  States  General  shall  consider  means  of  dimin- 
ishing mendicancy. 

Art.  81.  That  civil  and  military  offices  may  not  be  held  simul- 
taneously by  the  same  person,  and  that  each  citizen  may  hold  only  one 
office. 

Art.  82.  That  all  the  honorary  rights  of  nobles  shall  be  main- 
tained ;  but  that  they  shall  be  allowed  to  hunt  only  upon  their  own 
lands,  and  not  upon  the  lands  of  their  vassals  or  tenants. 

Art.  88.  That  nobility  may  be  acquired  neither  through  office 
or  by  purchase. 

Art.  84.  That  inheritances  shall  be  divided  equally  among  co- 
heiritors  of  the  same  degree,  without  regard  to  sex  or  right  of  primogeni- 
ture, nor  to  the  status  of  the  co-participants,  and  without  distinction  be- 
tween nobles  and  non-nobles. 

Art.  85.     That  all  entails  shall  be  limited  to  one  generation. 

Art.  86.  That  day  laborers  may  not  be  taxed  to  exceed  the 
amount  of  one  day's  labor. 

Art.  87.  That  there  shall  be  established  in  all  towns  and  country 
parishes  commissions  of  arbitration,  composed  of  a  certain  number  of  citi- 
zens elected  and  renewed  annually,  to  which  persons  may  apply  and  se- 
cure provisional  judgment,  without  expense,  except  in  case  of  appeal  to 
to  the  regular  courts. 

Art.  88.  That  all  state  prisons  shall  be  abolished,  and  that  means 
shall  be  taken  to  put  all  other  prisons  in  better  sanitary  condition. 

Art.  89.  That  it  may  please  the  States  General  to  provide  means 
for  securing  a  uniformity  of  weights  and  measures  throughout  the 
kingdom. 

Art.  90.  That  the  laws  upon  lods  and  ventes  shall  be  examined  and 
rendered  uniform  throughout  the  kingdom. 

Art.  91.  That  parishes  shall  be  furnished  with  power  to  redeem 
the  tax  upon  the  transfer  of  land. 

Art.  92.  That  dimes  shall  be  suppressed  and  converted  into  a 
money  rent  based  upon  the  price  of  corn  and  of  the  mark  of  silver,  ris- 


CAHIER    OF   THIRD   ESTATE,    BAILLIAGE   OF   VERSAILLES.  35 

ing  proportionately  with  the  combined  increase  in  value  of  corn  and  of 
the  mark  of  silver. 

Art.  93.  Since  clergymen  in  general  ought  not  to  occupy  them- 
selves with  worldly  affaii-s,  there  ought  to  be  provided  for  bishops,  arch- 
bishops and  all  holders  of  benefices  a  decent  income  and  one  suitable  to 
their  dignity :  accordingly  the  property  of  the  church  in  each  province 
ought  to  be  sold  under  the  supervision  of  the  provincial  estates,  which 
shall  assume  the  duty  of  paying  to  holders  of  benefices  the  sums  ac- 
corded to  them  by  the  States  General. 

Art.  94.  That  in  case  the  above  change  should  not  be  made,  then 
it  shall  be  ordained  that  no  clergymen  may  hold  two  benefices  at  the 
same  time,  and  that  all  persons  now  possessing  two  or  more  benefices 
shall  be  obliged  to  choose  and  to  declare,  within  a  prescribed  time, 
which  one  of  them  they  desire  to  retain. 

Art.  95.  That  all  commendatory  abbacies,  benefices  without 
functions  and  useless  convents  shall  be  suppressed,  their  possessions  sold 
for  the  benefit  of  the  state,  and  the  funds  thus  realized  made  to  consti- 
tute an  endowment,  the  income  of  which  shall  be  used  for  the  benefit  of 
country  parish  priests  for  the  establishment  of  free  schools,  hospitals 
and  other  charitable  institutions. 

Art.  96.  That  continuous  residence  of  archbishops  and  bishops  in 
their  dioceses  and  of  beneficiaries  in  their  benefices  shall  be  required ; 
and  that  resignations  be  not  permitted. 

Art.  97.  That  no  clergyman  under  the  age  of  twenty-five  may  be 
promoted  to  a  sub-diaconate. 

Art.  98.  That  girls  may  not  enter  religious  orders  until  after  they 
are  twenty-five  years  of  age,  nor  men  until  after  thirty. 

Art.  99.  That  it  be  forbidden  to  go  to  the  Roman  Curia  for  pro- 
visions, nominations,  bulls  and  dispensations  of  all  kinds;  and  each 
bishop  in  his  diocese  shall  have  full  powers  in  these  matters. 

Art.  100.  That  the  right  of  the  pope  to  grant  livings  in  France 
be  suppressed. 

Art.  101.  That  the  Concordat  be  revoked,  and  all  intervention 
on  the  part  of  the  Roman  Curia  be  made  to  cease. 

Art.  102.  That  loans,  contracted  by  the  clergy  to  cover  their  con- 
tribution to  the  taxes  which  they  were  bound  to  support,  shall  be  paid  by 
them,  since  these  loans  are  the  obligation  of  the  order ;  but  loans  which 
have  been  contracted  on  the  government's  account  shall  be  included  in 
the  royal  debt,  and  added  to  the  national  debt. 


^6  TKANSLATIONS   AND   REPRIJiTTS. 

VAKIOUS   MATTERS. 

Art.  1.  Deputies  of  the  prevote-vicomte  shall  be  instructed  to  de- 
mand increased  pay  for  soldiers. 

Art.  2.  That  inhabitants  of  towns  and  rural  places  be  paid  and 
indemnified  for  troops  of  war  quartered  upon  them,  for  the  transporta- 
tion of  troops  and  of  military  baggage. 

Art.  3.  That  the  ordinances  concerning  the  king^s  guard  be  re- 
vised, particularly  those  clauses  which  abolish  the  wise  provision  of 
Louis  XIV.  for  the  safety  of  his  person,  and  the  regulations  made  by 
him  relative  to  his  body-guard. 

Art.  4.  That  barbarous  punishments,  taken  from  the  codes  of 
foreign  nations  and  introduced  into  the  new  military  regulations,  be 
abolished,  and  replaced  with  regulations  more  in  conformity  with  the 
genius  of  the  nation. 

{Articles  5,  6,  and  7  relate  to  notarial  and  registry  fees.) 

Art.  8.  That  it  be  permitted  to  contract  loans  by  means  of  bills 
or  short-term  certificates  of  debt,  bearing  interest  at  the  legal  rate,  with- 
out it  being  necessary  to  alienate  the  capital  so  pledged. 

Art.  9.  In  case  the  property  of  the  church  be  not  sold,  that  leases 
shall  be  continued  by  the  successors  of  the  present  holders  ;  at  least  that 
they  shall  not  sufier  a  reduction  of  more  that  one-third. 

Art.  10.  That  canals  be  constructed  in  all  provinces  of  the  king- 
dom where  they  will  be  useful. 

Art.  11.     That  the  working  of  mines  be  encouraged. 

Art.  12.  That  a  new  schedule  be  made  of  the  expenses  of  funer- 
als, marriages  and  other  church  functions. 

Art.  13.  That  cemeteries  be  located  outside  of  cities,  towns  and 
villages ;  that  the  same  be  done  with  places  of  deposit  for  refuse. 

Art.  14.  That  the  funds  for  the  support  of  the  lazarettos,  formerly 
located  in  rural  parishes,  having  been  united  with  the  endowments  of 
hospitals,  country  people  shall  be  permitted  to  send  their  sick  to  the  city 
hospitals. 

Art.  15.  That  the  laws  of  the  kingdom  shall  be  equally  the  laws 
of  the  French  colonies. 

Art.  16.  That  all  kinds  of  employment  suitable  for  women  shall 
be  reserved  for  them  by  special  enactment. 


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